CONSTITUTION 


STATE  OF 
ALABAMA 

AS  ADOPTED 

BY  THE  .... 

\ 

CONSTITUTIONAL 
CONVENTION 
September  3rd,  1901 


IN  EFFECT  NOVEMBER  28,  1901 


34^.7  6  II 


Uol 


CONSTITUTION 


OF  THE 

STATE  OF  ALABAMA, 

t 

£"V  AS  ADOPTED  BY  THE 


(f0 

ca 


CONSTITUTIONAL  CONVENTION,  SEPTEMBER  3,  1901, 
AND  IN  EFFECT  NOVEMBER  28,  1901. 


lP 

CU 

> 

V 


We,  the  people  ol  the  State  of  Alabama,  in  order  to  estab¬ 
lish  justice,  insure  domestic  tranquility  and  secure  the  bless¬ 
ings  of  liberty  to  ourselves  and  our  posterity,  invoking  the 
favor  and  guidance  of  Almighty  God,  do  ordain  and  establish 
the  following  Constitution  and  form  of  government  for  the 
State  of  Alabama : 


ARTICLE  I. 


DECLARATION  OP  RIGHTS. 

That  the  great,  general  and  essential  principles  of  liberty 
and  free  government  may  be  recognized  and  established,  we 
declare : 

1.  That  all  men  are  equally  free  and  independent;  that  they 
are  endowed  by  their  Creator  with  certain  inalienable  rights ; 
that  among  these  are  life,  liberty  and  the  pursuit  of  happiness. 

2.  That  all  political  power  is  inherent  in  the  people,  and  all 
free  governments  are  founded  on  their  authority,  and  insti¬ 
tuted  for  their  benefit ;  and  that,  therefore,  they  have  at  all 
times  an  inalienable  and  indefeasible  right  tot  change  their 
form  of  government  in  such  manner  as  they  may  deem  ex¬ 
pedient. 

3.  That  no  religion  shall  be  established  by  law;  that  no 
preference  shall  be  given  by  law  to  any  religious  sect,  society, 
denomination  or  mode  of  worship ;  that  no  one  shall  be  com¬ 
pelled  by  law  to  attend  any  place  of  worship ;  nor  to  pay  any 
tithes,  taxes  or  other  rate  for  building  or  repairing  any  place 
of  worship,  or  for  maintaining  any  minister  or  ministry ;  that 
no  religious  test  shall  be  required  as  a  qualification  to  any 
office  or  public  trust  under  this  State ;  and  that  the  civil  rights, 
privileges  and  capacities  of  any  citizen  shall  not  be  in  any 
manner  affected  by  his  religious  principles. 

4.  That  no  law  shall  ever  be  passed  to  curtail  or  restrain 
the  liberty  of  speech  or  of  the  press ;  and  any  person  may 
speak,  write  and  publish  his  sentiments  on  all  subjects,  being 
responsible  for  the  abuse  of  that  liberty. 


■O'. 


2 


5.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions  from  unreasonable  seizure  or  searches, 
and  that  no  warrants  shall  issue  to  search  any  place  or  to 
seize  any  person  or  thing  without  probable  cause,  supported 
by  oath  or  affirmation. 

6.  That  in  all  criminal  prosecutions,  the  accused  has  a 
right  to  be  heard  bv  himself  and  counsel  or  either ;  to  demand 
the  nature  and  cause  of  the  accusation ;  and  to  have  a  copy 
thereof ;  to  be  confronted  by  the  witnesses  against  him ;  to 
have  compulsory  process  for  obtaining  witnesses  in  his  favor ; 
to  testify  in  all  cases,  in  his  own  behalf,  if  he  elects  so  to  do ; 
and,  in  all  prosecutions  by  indictment,  a  speedy,  public  trial, 
by  an  impartial  jury  of  the  county  or  district  in  which  the 
offense  was  committed ;  and  he  shall  not  be  compelled  to  give 
evidence  against  himself,  nor  be  deprived  of  life,  liberty  or 
property,  except  by  due  process  of  law ;  but  the  Legislature 
may,  by  a  general  law,  provide  for  a  change  of  venue  at  the 
instance  of  the  defendant  in  all  prosecutions  by  indictment, 
and  such  change  of  venue  on  application  of  the  defendant, 
may  be  heard  and  determined  without  the  personal  presence 
of  the  defendant  so  applying  therefor;  provided,  that  at  the 
time  of  the  application  for  the  change  of  venue,  the  defendant 
is  imprisoned  in  jail  or  some  legal  place  of  confinement. 

7.  That  no  person  shall  be  accused  or  arrested,  or  detained 
except  in  cases  ascertained  by  law,  and  according  to  the  form 
which  the  same  has  prescribed ;  and  no  person  shall  be  pun¬ 
ished  but  by  virtue  of  a  law  established  and  promulgated  prior 
to  the  offense  and  legally  applied. 

8.  That  no  person  shall,  for  any  indictable  offense,  be  pro¬ 
ceeded  against  criminally,  by  information,  except  in  cases 
arising  in  the  militia  and  volunteer  forces  when  in  actual  ser¬ 
vice,  or  when  assembled  under  arms  as  a  military  organiza¬ 
tion,  or,  by  leave  of  the  court,  for  misfeasance,  misdemeanor, 
extortion  and  oppression  in  office,  otherwise  than  is  provided 
in  the  Constitution ;  provided,  that  in  cases  of  misdemeanor, 
the  Legislature  may  by  law  dispense  with  a  Grand  Jury  and 
authorize  such  prosecutions  and  proceedings  before  Justices 
of  the  Peace  or  such  other  inferior  courts  as  may  be  by  law 
established. 

9.  That  no  person  shall,  for  the  same  offense,  be  twice  put 
in  jeopardy  of  life  or  limb;  but  courts  may,  for  reasons  fixed 
by  law,  discharge  juries  from  the  consideration  of  any  case, 
and  no  person  shall  gain  an  advantage  by  reason  of  such  dis¬ 
charge  of  the  jury. 

10.  That  no  person  shall  be  barred  from  prosecuting  or  de¬ 
fending  before  any  tribunal  in  this  State,  by  himself  or  coun¬ 
sel,  anv  civil  cause  to  which  he  is  a  party. 

11.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

12.  That  in  all  prosecutions  for  libel  or  for  the  publication 
of  papers  investigating  the  official  conduct  of  officers  or  men 
in  public  capacity,  or  when  the  matter  published  is  proper  for 


3 


public  information,  the  truth  thereof  may  be  given  in  evidence; 
and  that  in  all  indictments  for  libel,  the  jury  shall  have  the 
light  to  determine  the  law  and  the  facts  under  the  direction 
of  the  court. 

T3.  That  all  courts  shall  be  open;  and  that  every  person, 
for  any  injury  done  him,  in  his  lands,  goods,  person  or  repu¬ 
tation,  shall  have  a  remedy  by  due  process  of  law ;  and  right 
and  justice  shall  be  administered  without  sale,  denial  or  delay. 

14.  That  the  State  of  Alabama  shall  never  be  made  a  de¬ 
fendant  in  any  court  of  law  or  equity. 

15.  That  excessive  fines  shall  not  be  imposed,  nor  cruel  or 
unusual  punishment  inflicted. 

16.  That  all  persons  shall,  before  conviction,  be  bailable 
by  sufficient  sureties,  except  for  capital  offenses,  when  the 
proof  is  evident  or  the  presumption  great ;  and  that  excessive 
bail  shall  not  in  any  case  be  required. 

17.  That  the  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended  bv  the  authorities  of  this  State. 

18.  That  treason  against  the  State  shall  consist  only  in 
levying  war  against  it,  or  adhering  to  its  enemies,  giving  them 
aid  and  comfort ;  and  that  no  person  shall  be  convicted  of 
treason,  except  on  the  testimony  of  two  witnesses  to  the  same 
overt  act,  or  his  own  confession  in  open  court. 

19.  That  no  person  shall  be  attainted  of  treason  by  the 
Legislature ;  and  no  conviction  shall  work  corruption  of  blood 
or  forfeiture  of  estate. 

20.  That  no  person  shall  be  imprisoned  for  debt. 

21.  That  no  power  of  suspending  laws  shall  be  exercised 
except  bv  the  Legislature. 

22.  That  no  ex  post  facto  law,  nor  any  law,  impairing  the 
obligations  of  contracts,  or  making  any  irrevocable  or  ex¬ 
clusive  grants  of  special  privileges  or  immunities,  shall  be 
passed  by  the  Legislature ;  and  every  grant  or  franchise, 
privilege  or  immunity,  shall  forever  remain  subject  to  revoca¬ 
tion,  alteration  or  amendment. 

23.  That  the  exercise  of  the  right  of  eminent  domain  shall 
never  be  abridged  nor  so  construed  as  to  prevent  the  Legis¬ 
lature  from  taking  the  propertv  and  franchises  of  incorpor¬ 
ated  companies,  and  subjecting  them  to  public  use  in  the  same 
manner  in  which  the  property  and  franchises  of  individuals 
are  taken  and  subjected;  but  private  property  shall  not  be 
taken  for,  or  applied  to,  public  use, unless  just  compensation 
be  first  made  therefor ;  nor  shall  private  property  be  taken  for 
private  use,  or  for  the  use  of  corporations,  other  than  muni¬ 
cipal,  without  the  consent  of  the  owner;  provided,  however, 
the  Legislature  may  by  law  secure  to  persons  or  corporations 
the  right  of  way  over  the  lands,  of  other  persons  or  corpora¬ 
tions,  and  by  general  laws  provide  for  and  regulate  the  exer¬ 
cise  by  persons  and  corporations  of  the  rights  herein  reserved ; 
but  just  compensations  shall,  in  all  cases,  be  first  made  to  the 
owner  ;  and,  provided,  that  the  right  of  eminent  domain  shall 


4 


not  be  so  construed  as  to  allow  taxation  or  forced  subscription 
for  the  benefit  of  railroads  or  any  other  kind  of  corporations, 
other  than  municipal,  or  for  the  benefit  of  any  individual  or 
association. 

24.  That  all  navigable  waters  shall  remain  forever  public 
highways,  free  to  the  citizens  of  the  State  and  the  United 
States,  without  tax,  impost  or  toll ;  and  that  no  tax,  toll,  im¬ 
post  or  wharfage  shall  be  demanded  or  received  from  the 
owner  of  any  merchandise  or  commodity  for  the  use  of  the 
shores  or  any  wharf  erected  on  the  shores,  or  in  or  over  the 
waters,  of  any  navigable  stream,  unless  the  same  be  expressly 
authorized  by  law. 

25.  That  the  citizens  have  a  right,  in  a  peaceable  manner, 
to  assemble  together  for  the  common  good,  and  to  apply  to 
those  invested  with  the  power  of  government  for  redress  or 
grievances  or  other  purposes,  by  petition,  address  or  remon¬ 
strance. 

26.  That  every  citizen  has  a  right  to  bear  arms  in  defense 
of  himself  and  the  State. 

27.  That  no  standing  armv  shall  be  kept  up  without  the 
consent  of  the  Legislature,  and,  in  that  case,  no  appropriation 
for  its  support  shall  be  made  for  a  longer  term  than  one  year ; 
and  the  military  shall,  in  all  cases,  and  at  all  times,  be  in  strict 
subordination  to  the  civil  power. 

28.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner;  nor,  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

2Q.  That  no  title  of  nobilitv  or  hereditary  distinction, 
privilege,  honor  or  emolument  shall  ever  be  granted  or  con¬ 
ferred  in  this  State ;  and  that  nO'  office  shall  be  created,  the  ap¬ 
pointment  to  which  shall  be  for  a  longer  time  than  during 
good  behavior. 

30.  That  immigration  shall  be  encouraged ;  emigration' 
shall  not  be  prohibited,  and  no  citizen  shall  be  exiled. 

31.  That  temporary  absence  from  the  State  shall  not  cause 
a  forfeiture  of  residence  once  obtained. 

32.  That  no  form  of  slaverv  shall  exist  in  this  State ;  and 
there  shall  not  be  anv  involuntarv  serviture,  otherwise  than  for 
the  punishment  of  crime,  of  which  the  party  shall  have  been 
duly  convicted. 

33.  The  privilege  of  suffrage  shall  be  protected  bv  laws 
regulating  elections,  and  prohibiting,  under  adequate  penal¬ 
ties,  all  undue  influences  from  power,  bribery,  tumult  or  other 
improper  conduct. 

34.  "Foreigners  who  are,  or  mav  hereafter  become,  bona 
fide  residents  of  this  State,  shall  enjov  the  same  rights  in  re¬ 
spect  to  the  possession,  enjoyment  and  inheritance  of  property 
as  native  born  citizens. 

3^.  That  the  sole  object  and  onlv  legitimate  end  of  govern¬ 
ment  is  to  protect  the  citizen  in  the  enjoyment  of  life,  liberty 


5 


and  property,  and  when  the  government  assumes  other  func~ 
tions,  it  is  usurpation  and  oppression. 

36.  That  this  enumeration!  of  certain  rights  shall  not  im¬ 
pair  or  deny  others  retained  by  the  people ;  and,  to  guard 
against  any  encroachments  on  the  rights  herein  retained,  we 
declare  that  everything  in  this  Declaration  of  Rights  is  ex¬ 
cepted  out  of  the  general  powers  of  government,  and  shall 
forever  remain  inviolate. 

ARTICLE  II. 

state:  and  county  boundaries. 

37.  The  boundaries  of  this  State  are  established  and  de¬ 
clared  to  be  as  follows,  that  is  to  say :  Beginning  at  the  point 
where  the  thirty-first  degree  north  latitude  crosses  the  Per¬ 
dido  river ;  thence  east,  to  the  western  boundary  line  of  the 
State  of  Georgia ;  thence  along  said  line  to  the  southern  boun¬ 
dary  line  of  the  State  of  Tennessee;  thence  west,  along  the 
southern  boundary  line  of  the  State  of  Tennessee,  crossing  the 
Tennessee  river,  and  on  to  the  second  intersection  of  said  river 
by  said  line;  thence  up  said  river  to  the  mouth  of  Big  Bear 
creek ;  thence  by  a  direct  line  to  the  northwest  corner  of  Wash¬ 
ington  county,  in  this  State,  as  originally  formed ;  thence  south¬ 
wardly  along  the  line  of  the  State  of  Mississippi  to  the  Gulf 
of  Mexico ;  thence  eastwardly,  including  all  islands  within 
six  leagues  of  the  shore,  to  the  Perdido  river;  thence  up  the 
said  river  to  the  beginning;  provided  that  the  limits  and  juris¬ 
diction  of  this  State  shall  extend  to  and  include  any  other 
land  and  territory  hereafter  acquired,  by  contract  or  agree¬ 
ment  with  other  States  or  otherwise,  although  such  land  and 
territory  are  not  included  within  the  boundaries  hereinbefore 
designated. 

38.  The  boundaries  of  the  several  counties  of  this  State, 
as  they  now  exist,  are  hereby  ratified  and  confirmed. 

39.  The  Legislature  may  by  a  vote  of  two-thirds  of  each 
House  thereof  arrange  and  designate  boundaries  for  the  sev¬ 
eral  counties  of  this  State,  which  boundaries  shall  not  be  al¬ 
tered,  except  by  a  like  vote ;  but  no  new  county  shall  be  formed 
hereafter  of  less  extent  than  six  hundred  square  miles,  and  no 
existing  county  shall  be  reduced  to  less  than  six  hundred 
square  miles ;  and  no  new  county  shall  be  formed  unless  it 
shall  contain  a  sufficient  number  of  inhabitants  to  entitle  it 
to  one  Representative  under  the  ratio  of  representation  exist¬ 
ing  at  the  time  of  its  formation,  and  leave  the  county  or  coun¬ 
ties  from  which  it  is  taken  with  the  required  number  of  inhabi¬ 
tants  to  entitle  such  county  or  counties,  each,  to  separate  rep¬ 
resentation  ;  provided,  that  out  of  the  counties  of  Henry,  Dale 
and  Geneva  a  new  county  of  less  than  six  hundred  square 
miles  may  be  formed  under  the  provisions  of  this  article,  so 
as  to  leave  said  counties  of  Henry,  Dale  and  Geneva  with  not 
less  than  five  hundred  square  miles  each. 


6  * 

40.  No  county  line  shall  be  altered  or  changed,  or  in  the 
event  of  the  creation  of  new  counties  shall  be  established,  so  as 
to  run  within  seven  miles  of  the  county  court  house  of  any 
old  county. 

41.  No  court  house  or  county  site  shall  be  removed  except 
by  a  majority  vote  of  the  qualified  electors  of  said  county, 
voting  at  an  election  held  for  such  purpose,  and  when  an  elec¬ 
tion  has  once  been  held  no  other  election  shall  be  held  for  such 
purpose  until  the  expiration  of  four  years ;  provided,  that  the 
county  site  of  Shelby  county  shall  remain  at  Columbiana,  un¬ 
less  removed  by  a  vote  of  the  people,  as  provided  for  in  an  act 
entitled,  “An  Act  to  provide  for  the  permanent  location  of  the 
county  site  of  Shelby  county,  Alabama,  by  a  vote  of  the  quali¬ 
fied  electors  of  said  county,”  approved  the  9th  day  of  Febru¬ 
ary,  1899,  and  the  act  amendatory  thereof,  approved  the  20th 
day  of  February,  1899,  or  by  an  election  held  under  the  pro¬ 
visions  of  this  article. 


ARTICLE  HI. 

DISTRIBUTION  01?  POWERS  OP  GOVERNMENT. 

42.  The  powers  of  the  government  of  the  State  oif  Ala¬ 
bama  shall  be  divided  into  three  distinct  departments,  each  of 
which  shall  be  confided  to  a  separate  body  of  magistracy,  to- 
wit :  Those  which  are  legislative,  to  one ;  those  which  are  exe¬ 
cutive,  to  another;  and  those  which  are  judicial,  toi  another. 

43.  In  the  government  of  this  State,  except  in  the  instan¬ 
ces  in  this  Constitution  hereinafter  expressly  directed  or  per¬ 
mitted,  the  legislative  department  shall  never  exercise  the  exe¬ 
cutive  and  judicial  powers,  or  either  of  them;  the  executive 
shall  never  exercise  the  legislative1  and  judicial  powers,  or 
either  of  them;  the  judicial  shall  never  exercise  the  legislative 
and  executive  powers,  or  either  of  them ;  to  the  end  that  it 
may  be  a  government  oif  laws  and  not  of  men. 

ARTICLE  IV. 

LEGISLATIVE  department. 

44.  The  legislative  power  of  this  State  shall  be  vested  in  a 
Legislature,  which  shall  consist  of  a  Senate  and  a  House  of 
Representatives. 

45.  The  style  of  the  laws  of  this  State  shall  be:  “Be  it  en¬ 
acted  by  the  Legislature  of  Alabama,”  which  need  not  be  re¬ 
peated,  but  the  act  shall  be  divided  into  sections  for  conven¬ 
ience,  according  to  substance,  and  the  sections  designated 
merely  by  figures.  Each  law  shall  contain  but  one  subject, 
which  shall  be  clearly  expressed  in  its  title,  except  general  ap¬ 
propriation  bills,  general  revenue  bills,  and  bills  adopting  a 
code,  digest,  or  revision  of  statutes ;  and  no  law  shall  be  re¬ 
vived,  amended  or  the  provisions  thereof  extended  or  con¬ 
ferred,  by  reference  to  its  title  only ;  but  so  much  thereof  as  is 


7 

revived,  amended,  extended,  or  conferred,  shall  be  re-enacted 
and  published  at  length. 

46.  Senators  and  Representatives  shall  be  elected  by  the 
qualified  electors  on  the  first  Tuesday  after  the  first  Monday 
in  November,  unless  the  Legislature  shall  change  the  time  of 
holding  elections,  and  in  every  fourth  year  thereafter.  The 
terms  o>f  office  of  the  Senators  and  Representatives  shall  com¬ 
mence  on  the  day  after  the  general  election  at  which  they  are 
elected,  and  expire  on  the  day  after  the  general  election  held 
in  the  fourth  year  after  their  election,  except  as  otherwise  pro¬ 
vided  in  this  Constitution.  At  the  general  election  in  the 
year  nineteen  hundred  and  two  all  the  Representatives,  to¬ 
gether  with  the  Senators  for  the  even  numbered  districts  and 
for  the  Thirty-fifth  district,  shall  be  elected.  The  terms  of 
those  Senators  who  represent  the  odd  numbered  districts 
under  the  law  in  force  prior  to  the  ratification  of  this  Consti¬ 
tution,  are  hereby  extended  until  the  day  after  the  general 
election  in  the  year  nineteen  hundred  and  six ;  and  until  the 
expiration  of  his  terms  as  hereinbefore  extended,  each  such 
Senator  shall  represent  the  district  established  by  this  Consti¬ 
tution,  bearing  the  number  corresponding  with  that  for  which 
he  was  elected.  In  the  year  nineteen  hundred  and  six,-  and  in 
every  fourth  year  thereafter,  all  the  Senators  and  Representa¬ 
tives  shall  be  elected.  Whenever  a  vacancy  shall  occur  in 
either  House  the  Governor  shall  issue  a  writ  of  election  to  fill 
such  vacancy  for  the  remainder  of  the  term. 

47.  Senators  shall  be  at  least  twenty-five  years  of  age,  and 
Representatives  twenty-one  years  of  age  at  the  time  of  their 
election.  They  shall  have  been  citizens  and  residents  of  this 
State  for  three  years  and  residents  of  their  respective  coun¬ 
ties  or  districts  for  one  year  next  before  their  election,  if  such 
county  or  district  shall  have  been  so  long  established ;  but  if 
not,  then  of  the  county  or  district  from  which  the  same  shall 
have  been  taken ;  and  they  shall  reside  in  their  respective  coun¬ 
ties  or  districts  during  their  terms  of  office. 

48.  The  Legislature  shall  meet  quadrennially  at  the  Capi¬ 
tol,  in  the  Senate  chamber,  and  in  the  Hall  of  the  House  of 
Representatives,  on  the  second  Tuesday  in  January  next  suc¬ 
ceeding  their  election,  or  on  such  other  day  as  may  be  pre¬ 
scribed  by  law ;  and  shall  not  remain  in  session  longer  than 
sixty  days  at  the  first  session  held  under  the  Constitution,  nor 
longer  than  fifty  days  at  any  subsequent  session.  If  at  any 
time  it  should  from  any  cause  become  impossible  or  dangerous 
for  the  Legislature  to  meet  or  remain  at  the  Capitol  or  for 
the  Senate  to  meet  or  remain  in  the  Senate  Chamber, 
or  for  the  Representatives  to  meet  or  remain  in  the  Hall  of  the 
House  of  Representatives,  the  Governor  may  convene  the  Leg¬ 
islature,  or  remove  it,  after  it  has  convened,  to  some  other 
place,  or  may  designate  some  other  place  for  the  sitting  of 
the  respective  Houses,  or  either  of  them,  as  necessity  may  re¬ 
quire. 


r* 

8 

i  . 

49.  The  pay  of  the  members  of  the  Legislature  shall  be 
four  dollars  per  day,  and  ten  cents  per  mile  in  going  to  and  re¬ 
turning  from  the  seat  of  government,  to  be  computed  by  the 
nearest  usual  route  traveled. 

50.  The  Legislature  shall  consist  of  not  more  than  thirty- 
five  Senators,  and  not  more  than  one  hundred  and  five  mem¬ 
bers  of  the  House  of  Representatives,  to  be  apportioned  among 
the  several  districts  and  counties  as  prescribed  in  this  Consti¬ 
tution  ;  provided  that  in  addition  to  the  above  number  of  Rep¬ 
resentatives,  each  new  county  hereafter  created  shall  be  en¬ 
titled  to  one  Representative. 

51.  The  Senate,  at  the  beginning  of  each  regular  session, 
and  at  such  other  times  as  may  be  necessary,  shall  elect  one  of 
its  members  president  pro  tern  thereof  to  preside  over  its  de¬ 
liberations  in  the  absence  of  the  Lieutenant-Governor ;  and 
the  House  of  Representatives,  at  beginning  of  each  regular 
session,  and  at  such  other  times  as  may  be  necessary,  shall 
elect  one  of  its  members  as  Speaker ;  and  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Representatives  shall 
hold  their  offices  respectively,  until  their  successors  are  elected 
and  qualified.  In  case  of  the  temporary  disability  of  either 
of  said  presiding  officers,  the  House  to  which  he  belongs  may 
elect  one  of  its  members  to  preside  over  that  House  and  to 
perform  all  the  duties  of  such  officer  during  the  continuance 
of  his  disability ;  and  such  temporary  officer,  while  performing 
duty  as  such,  shall  receive  the  same  compensation  to  which 
the  permanent  officer  is  entitled  by  law,  and  no  other.  Each 
House  shall  choose  its  own  officers  and  shall  judge  of  the 
election,  returns  and  qualifications  of  its  members. 

52.  A  majority  of  each  House  shall  constitute  a  quorum 
to  do  business;  but  a  smaller  number  may  adjourn  from  day 
to  day  and  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  House  may  provide. 

53.  Each  House  shall  have  power  to  determine  the  rules 
of  its  proceedings  and  to  punish  its  members  and  other  per¬ 
sons,  for  contempt  or  disorderly  behavior  in  its  presence;  to 
enforce  obedience  to  its  processes;  to  protect  its  members 
against  violence,  or  offers  of  bribes  or  corrupct  solicitation ;  and 
with  the  occurrence  of  two-thirds  of  the  House,  to  expel  a 
member,  but  not  a  second  time  for  the  same  offense;  and  the 
two  Houses  shall  have  all  the  powers  necessary  for  the  Legis¬ 
lature  of  a  free  State. 

54.  A  member  of  the  Legislature,  expelled  for  corruption 
shall  not  thereafter  be  eligible  to  either  House,  and  punish¬ 
ment  for  contempt  or  disorderly  behavior  shall  not  bar  an  in¬ 
dictment  for  the  same  offense. 

55.  Each  House  shall  keep  a  Journal  of  its  proceedings 
and  cause  the  same  to  be  published  immediately  after  its  ad¬ 
journment,  excepting  such  parts  as,  in  its  judgment,  may  re¬ 
quire  secrecy ;  and  the  yeas  and  nays  of  the  members  of  either 
House  on  any  question  shall,  at  the  request  of  one-tenth  of 


the  members  present,  be  entered  on  the  journal.  Any  member 
of  either  House  shall  have  liberty  to  dissent  from  or  protest 
against  any  act  or  resolution  which  he  may  think  injurious  to 
the  public,  or  to  an  individual,  and  have  the  reason  for  his  dis¬ 
sent  entered  on  the  Journal. 

56.  Members  of  the  Legislature  shall,  in  all  cases,  except 
treason,  felony,  violation  of  their  oath  of  office,  and  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance 
at  the  session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same;  and  for  any  speech  or  debate  in 
either  House  they  shall  not  be  questioned  in  any  other  place. 

57.  The  doors  of  each  House  shall  be  opened  except  on 
such  occasions  as,  in  the  opinion  of  the  House,  may  require 
secrecy,  but  no  person  shall  be  admitted  to  the  floor  of  either 
House  while  the  same  is  in  session,  except  members  of  the 
Legislature,  officers  and  employees  of  the  two  Houses,  the 
Governor  and  his  secretary,  representatives  of  the  press,  and 
other  persons  to  whom  either  House,  by  unanimous  vote,  may 
extend  the  privileges  of  its  floor. 

58.  Neither  House  shall,  without  consent  of  the  other,  ad¬ 
journ  for  more  than  three  days,  nor  to  any  other  place  than 
that  in  which  they  may  be  sitting,  except  as  otherwise  pro¬ 
vided  in  this  Constitution. 

59.  No  Senator  or  Representative  shall,  during  the  term 

for  which  he  shall  have  been  elected,  be  appointed  to  any  office 
of  profit  under  this  State,  which  shall  have  been  created,  or 
the  emoluments  of  which  shall  have  been  increased  during 
such  term,  except  such  offices  as  may  be  filled  by  election  by 
the  people.  *  <- 

60.  No  person  convicted  of  embezzlement  of  the  public 
money,  bribery,  perjury,  or  other  infamous  crime,  shall  be 
eligible  to  the  Legislature,  or  capable  of  holding  any  office  of 
trust  or  profit  in  this  State. 

61.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall 
be  so  altered  or  amended  on  its  passage  through  either  House 
as  to  change  its  original  purpose. 

62.  No  bill  shall  become  a  law  until  it  shall  have  been  re¬ 
ferred  to  a  standing  committee  of  each  House,  acted  upon  by 
such  committee  in  session,  and  returned  therefrom,  which 
facts  shall  affirmatively  appear  upon  the  Journal  of  each  House. 

63.  Every  bill  shall  be  read  on  three  different  days  in  each 
House,  and  no  bill  shall  become  a  law,  unless  on  its  final  pas¬ 
sage  it  be  read  at  length,  and  the  vote  be  taken  by  yeas  and 
nays,  the  names  of  the  members  voting  for  and  against  the 
same  be  entered  upon  the  Journals,  and  a  majority  of  each 
House  be  recorded  thereon  as  voting  in  its  favor,  except  as 
otherwise  provided  in  this  Constitution. 

64.  No  amendment  to  bills  shall  be  adopted  except  by  a 
majority  of  the  House  wherein  the  same  is  offered,  nor  unless 
the  amendment  with  the  names  of  those  voting  for  and  against 
the  same  shall  be  entered  at  length  on  the  Journal  of  the  House 


io 


in  which  the  sanle  is  adopted,  and  no  amendment  to  bills  by 
one  House  shall  be  concurred  in  by  the  other,  unless  a  vote  be 
taken  by  yeas  and  nays,  and  the  names  of  the  members  voting 
for  and  against  the  same  be  recorded  at  length  on  the  Journal; 
and  no  report  of  a  committee  of  conference  shall  be  adopted 
in  either  House,  except  upon  a  vote  taken  by  yeas  and  nays, 
and  entered  on  the  Journal,  as  herein  provided  for  the  adopt¬ 
ion  of  amendments. 

65.  The  Legislature  shall  have  no  power  to  authorize  lot¬ 
teries  or  gift  enterprises  for  any  purposes,  and  shall  pass  laws 
to  prohibit  the  sale  in  this  State  of  lottery  or  gift  enterprise 
tickets,  or  tickets  ini  any  scheme  in  the  nature  of  a  lottery ; 
and  all  acts,  or  parts  of  acts  heretofore  passed  by  the  Legisla¬ 
ture  of  this  State,  authorizing  a  lottery  or  lotteries,  and  all 
acts  amendatory  thereof,  or  supplemental  thereto,  are  hereby 
avoided. 

66.  The  presiding  officer  of  each  House  shall,  in  the  pres¬ 
ence  of  the  House  over  which  he  presides,  sign  all  bills  and 
joint  resolutions  passed  by  the  Legislature,  after  the  same  shall 
have  been  publicly  read  at  length  immediately  before  sign¬ 
ing,  and  the  fact  of  reading  and  signing  shall  be  entered  upon 
the  Journal ;  but  the  reading  at  length  may  be  dispensed  with 
by  a  two-thirds  vote  of  a  quorum  present,  which  fact  shall 
also  be  entered  on  the  Journal. 

67.  The  Legislature  shall  prescribe  by  law  the  number, 
duties  and  compensation]  of  the  officers  and  employes  of  each 
House,  and  no  payment  shall  be  made  from  the  State  Treasury 
or  be  in  any  way  authorized  to  any  person  except  to  an  acting 
officer  or  employe  elected  or  appointed  in  pursuance  of  law. 

68.  The  Legislature  shall  have  no  power  to  grant  or  to 
authorize  or  require  any  county  or  municipal  authority  to 
grant,  nor  shall  any  county  or  municipal  authority  have  power 
to  grant  any  extra  compensation,  fee  or  allowance  to  any  pub¬ 
lic  officer,  servant  or  employee,  agent  or  contractor,  after  ser¬ 
vice  shall  have  been  rendered  or  contract  made,  nor  to  increase 
or  decrease  the  fees  and  compensation  of  such  officers  during 
their  terms  of  office ;  nor  shall  any  officer  of  the  State  bind 
the  State  to  the  payment  of  any  sum  of  money  but  by  author¬ 
ity  of  law ;  provided  this  section  shall  not  apply  to  allowances 
made  by  commissioners’  courts  or  boards  of  revenue  to  county 
officers  for  ex-officio  services,  nor  prevent  the  Legislature  from 
increasing  oir  diminishing  at  any  time  the  allowance  to  sher¬ 
iffs  or  other  officers  for  feeding,  transferring  or  guarding 
prisoners. 

69.  All  stationery,  printing,  paper  and  fuel  used  in  the 
legislative  and  other  departments  of  government  shall  be  fur-  . 
nished  and  the  printing,  binding  and  distribution  of  laws, 
Journals,  department  reports,  and  all  other  printing,  binding 
and  repairing  and  furnishing  the  halls  and  rooms  used  for  the 
meeting  of  the  Legislature  and  its  committees,  shall  be  per¬ 
formed  under  contract,  to  be  given  to  the  lowest  responsible 


11 


bidder  below  a  maximum  price,  and  under  such  regulations 
as  shall  be  prescribed  by  law ;  no  member  or  officer  of  any  de¬ 
partment  of  the  government  shall  be  in  any  way  interested  in 
such  contract,  and  all  such  contracts  shall  be  subject  to  the  ap¬ 
proval  of  the  Governor,  Auditor  and  Treasurer. 

70.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives.  The  Governor,  Auditor  and  At¬ 
torney  General  shall,  before  each  regular  session  of  the  Legis¬ 
lature,  prepare  a  general  revenue  bill  to  be  submitted  to  the 
Legislature,  for  its  information,  and  the  Secretary  of  State 
shall  have  printed  for  the  use  of  the  Legislature  a  sufficient 
number  of  copies  of  the  bill  so  prepared  which  the  Governor 
shall  transmit  to  the  House  of  Representatives  as  soon  as  or¬ 
ganized,  to  be  used  or  dealt  with  as  that  House  may  elect. 
The  Senate  may  propose  amendments  to  revenue  bills.  No 
revenue  bill  shall  be  passed  during  the  last  five  days  of  the 
session. 

7 1.  The  general  appropriation  bill  shall  embrace  nothing 
but  appropriations  for  the  ordinary  expenses  of  the  Execu¬ 
tive,  Legislative  and  Judicial  departments  of  the  State,  for 

interest  on  the  public  debt,  and  for  the  public  schools.  The 
salary  of  no  officer  or  employe  shall  be  increased  in  such  bill, 
nor  shall  any  appropriation  be  made  therein  for  any  officer 
or  employe  unless  his  employment  and  the  amount  of  his  sal¬ 
ary  have  already  been  provided  for  by  law.  All  other  appro¬ 
priations  shall  be  made  by  separate  bills,  each  embracing  but 
one  subject. 

72.  No  money  shall  be  paid  out  of  the  Treasury  except 
upon  appropriations  made  by  law,  and  on  warrant  drawn  by 
the  proper  officer  in  pursuance  thereof ;  and  a  regular  state¬ 
ment  and  account  of  receipts  and  expenditures  of  all  public 
moneys  shall  be  published  annually,  in  such  manner  as  may 
be  by  law  directed. 

73.  No  appropriation  shall  be  made  to  any  charitable  or 
educational  institution  not  under  the  absolute  control  of  the 
State,  other  than  normal  schools  established  by  law  for  the 
professional  training  of  teachers  for  the  public  schools  of  the 
State,  except  by  a  vote  of  twoHhirds  of  all  the  members  elected 
to  each  House. 

74.  No  act  of  the  Legislature  shall  authorize  the  invest- 
metnt  of  any  trust  fund  by  executors,  administrators,  guar¬ 
dians  or  other  trustees  in  the  bonds  or  stock  of  any  private  cor¬ 
poration  ;  and  any  such  acts  now  existing  are  avoided,  sav¬ 
ing  investments  heretofore  made. 

75.  The  power  to  change  the  venue  in  civil  and  criminal 
causes  is  vested  in  the  courts,  to  be  exercised  in  such  manner 
as  shall  be  provided  by  law. 

76.  When  the  Legislature  shall  be  convened  in  special  ses¬ 
sion,  there  shall  be  no  legislation  upon  subjects  other  than 
those  designated  in  the  proclamation  of  the  Governor  calling 
such  session,  except  by  a  vote  of  two- thirds  of  each  House. 

Special  sessions  shall  be  limited  to  thirty  days. 


12 


77-  No  State  office  shall  be  continued  or  created  for  the 
inspection  or  measuring  of  any  merchandise,  manufacture  or 
commodity,  but  any  county  or  municipality  may  appoint  such 
officers  when  authorized  by  law: 

78.  No  act  of  the  Legislature  changing  the  seat  of  gov¬ 
ernment  of  the  State  shall  become  a  law  until  the  same  shall 
have  been  submitted  to  the  qualified  electors  of  the  State  at  a 
general  election,  and  approved  by  a  majority  of  such  electors 
voting  on  the  same;  and  such  act  shall  specify  the  proposed 
new  location. 

79.  A  member  of  the  Legislature  who  shall  solicit,  de¬ 
mand  or  receive,  or  consent  to  receive,  directly  or  indirectly, 
for  himself  or  for  another,  from  any  company,  corporation, 
association  or  persons,  any  money,  office,  appointment,  em¬ 
ployment,  reward,  thing  of  value,  or  enjoyment,  or  of  per¬ 
sonal  advantage  or  promise  thereof,  for  his  vote  or  official  in¬ 
fluence,  or  for  withholding  the  same;  or  with  an  understand¬ 
ing,  expressed  or  implied,  that  his  vote  or  official  action  shall 
be  in  any  way  influenced  thereby ;  or  who  shall  so¬ 
licit  or  demand  any  such  money  or  other  advantage,  t 
matter  or  thing  aforesaid,  for  another  as  the  con¬ 
sideration  for  *  his  vote,  or  influence,  or  for  withhold¬ 
ing  the  same ;  or  shall  give  or  withhold  his  vote  or 
influence  in  consideration  of  the  payment  or  promise  of  such 
money,  advantage,  matter  or  thing  to  another,  shall  be  guilty 
of  bribery  within  the  meaning  of  this  Constitution ;  and  shall 
incur  the  disabilities  and  penalties  provided  thereby  for  such 
offense,  and  such  additional  punishment  as  is  or  shall  be  pro¬ 
vided  by  law. 

80.  Any  person  who  shall,  directly  or  indirectly,  offer, 
give  or  promise  any  money,  or  thing  of  value,  testimonial, 
privilege  or  personal  advantage,  to  any  executive  or  judicial 
officer  or  member  of  the  Legislature  to  influence  him  in  the 
performance  of  any  of  his  public  or  official  duties,  shall  be 
guilty  of  bribery,  and  be  punished  in  such  manner  as  may  be 
provided  by  law. 

81.  The  offense  of  corrupt  solicitation  of  members  of  the 
Legislature  or  of  public  officers  of  this  State,  or  of  any  muni¬ 
cipal  division  thereof,  and  any  occupation  or  practice  of  soli¬ 
citation  of  such  members  or  officers,  to  influence  their  official 
action,  shall  be  defined  by  law,  and  shall  be  punished  by  fine 
and  imprisonment  in  the  penitentiary;  and  the  Legislature 
shall  provide  for  the  trial  and  punishment  of  the  offenses  en¬ 
umerated  in  the  two  preceding  sections,  and  shall  require  the 
judges  to  give  the  same  specially  in  charge  to  the  grand  juries 
in  all  the  counties  of  this  State. 

82.  A  member  oif  the  Legislature  who  has  a  personal  or 
private  interest  in  any  measure  or  bill  proposed  or  pending 
before  the  Legislature,  shall  disclose  the  fact  to  the  House  of 
which  he  is  a  member,  and  shall  not  vote  thereon. 

83.  In  all  elections  by  the  Legislature  the  members  shall 
vote  viva  voce,  and  the  votes  shall  be  entered  on  the  Journal. 


13 


84.  It  shall  be  the  duty  of  the  Legislature  to  pass  such 
laws  as  may  be  necessary  and  proper  to  decide  differences  by 
arbitrators  to  be  appointed  by  the  parties  who  may  choose 
that  mode  of  adjustment. 

85.  It  shall  be  the  duty  of  the  Legislature,  at  its  first  ses¬ 
sion  after  the  ratification  of  this  Constitution,  and  within  every 
subsequent  period  of  twelve  years,  to  make  provision  by  law 
for  revising,  digesting  and  promulgating  the  public  statutes 
of  this  State,  of  a  general  nature,  both  civil  and  criminal. 

86.  The  Legislature  shall  pass  such  penal  laws  as  it  may 
deem  expedient  to  suppress  the  evil  practice  of  dueling. 

87.  It  shall  be  the  duty  of  the  Legislature  to  regulate  by 
law  the  cases  in  which  deduction  shall  be  made  from  the 
salaries  or  compensation  of  public  officers  for  neglect  of  duty 
in  their  official  capacities,  and  the  amount  of  such  deduction. 

88.  It  shall  be  the  duty  of  the  Legislature  to  require  the 
several  counties  of  this  State  to  make  adequate  provision  and 
maintenance  of  the  poor. 

89.  The  Legislature  shall  not  have  power  to  authorize  any 
municipal  corporation  to  pass  any  laws  inconsistent  with  the 
general  laws  of  this  State. 

00.  In  the  event  of  the  annexation  of  any  foreign  territory 
to  this  State,  the  Legislature  shall  enact  laws  extending  to  the 
inhabitants  of  the  acquired  territory  all  the  rights  and  privi¬ 
leges  which  mav  be  required  by  the  terms  of  acquisition  not 
inconsistent  with  this  Constitution.  Should  the  State  pur¬ 
chase  such  foreign  territory,  the  Legislature,  with  the  ap¬ 
proval  of  the  Governor,  shall  be  authorized  to  expend  any 
money  in  the  Treasury  not  otherwise  appropriated,  and,  if 
necessary,  to  provide  also  for  the  issuance  of  State  bonds,  to 
pay  for  the  purchase  of  such  foreign  territory. 

91.  The  Legislature  shall  not  tax  the  property,  real  or  per¬ 
sonal,  of  the  State,  counties  or  other  municipal  corporations, 
or  cemeteries ;  nor  lots  in  incorporated  cities  or  towns,  or 
within  one  mile  of  any  city  or  town  to  the  extent  of  one  acre, 
nor  lots  one  mile  or  more  distant  from  such  cities  or  towns  to 
the  extent  of  five  acres,  with  the  buildings  thereon,  when 
same  are  used  exclusively  for  religious  worship,  for  schools, 
or  for  purposes  purely  charitable. 

92.  The  Legislature  shall  by  law  prescribe  such  rules  and 
regulations  as  may  be  necessary  to  ascertain  the  value  of  real 
and  personal  property  exempted  from  sale  under  legal  pro¬ 
cess  by  this  Constitution,  and  to  secure  the  same  to  the  claim¬ 
ant  thereof  as  selected. 

93.  The  State  shall  not  engage  in  works  of  internal  im¬ 
provement,  nor  lend  money  or  its  credit  in  aid  of  such ;  nor 
shall  the  State  be  interested  in  any  private  or  corporate  enter¬ 
prise,  or  lend  money  or  its  credit  to  any  individual,  associa¬ 
tion  or  corporation. 

94.  The  Legislature  shall  not  have  power  to  authorize  any 
county,  city,  town,  or  other  subdivision  of  this  State  to  lend 


14 


its  credit,  or  to  grant  public  money  or  thing  of  value  in  aid  of, 
or  to,  any  individual,,  association  or  corporation  whatsoever, 
or  to  become  a  stockholder  in  any  such  corporation,  associa¬ 
tion  or  company  by  issuing  bonds  or  otherwise. 

95.  There  can  be  no  law  of  this  State  impairing  the  obliga¬ 
tion  of  contracts  by  destroying  or  impairing  the  remedy  for 
their  enforcement;  and  the  Legislature  shall  have  no  power  to 
revive  any  right  or  remedy  which  may  have  become  barred  by 
lapse  of  time,  or  by  any  statute  of  this  State.  After  suit  has 
been  commenced  on  any  cause  of  action,  the  Legislature  shall 
have  no  power  to  take  away  such  cause  of  action,  or  destroy 
any  existing  defense  to  such  suit. 

96.  The  Legislature  shall  not  enact  any  law  not  applicable 
to  all  the  counties  in  the  State,  regulating  costs  and  charges 
of  courts,  or  fees,  commissions  or  allowances  of  public  officers. 

97.  The  Legislature  shall  not  authorize  payment  to  any  per¬ 
son  of  the  salary  of  a  deceased  officer  beyond  the  date  of  his 
death. 

98.  The  Legislature  shall  not  retire  any  officer  on  pay,  or 
part  pay,  or  make  any  grant  to  such  retiring  officer. 

99.  Lands  belonging  to  or  under  the  control  of  the  State 
shall  never  be  donated  directly  or  indirectlv  to  private  cor¬ 
porations,  associations  on  individuals,  or  railroad  companies ; 
nor  shall  such  lands  be  sold  to  corporations  or  associations  for 
a  less  price  than  that  for  which  they  are  subject  to  sale  to  in¬ 
dividuals  ;  provided,  that  nothing  contained  in  this  section 
shall  prevent  the  Legislature  from  granting  a  right  of  way, 
not  exceeding  one  hundred  and  twenty-five  feet  in  width,  as  a 
mere  easement,  for  radroads  or  telegraph  or  telephone  lines 
across  State  lands,  and  the  Legislature  shall  never  dispose  of 
the  land  covered  by  such  right  of  way  except  subject  to  such 
easement. 

100.  No  obligation  or  liability  of  any  person,  association 
or  corporationi  held  or  owned  by  this  State,  or  by  any  county 
or  other  municipality  thereof,  shall  ever  be  remitted,  released 
or  postponed,  or  in  any  wav  diminished,  by  the  Legislature ; 
nor  shall  such  liability  or  obligation  be  extinguished  except  by 
payment  thereof :  nor  shall  such  liability,  or  obligation  be  ex¬ 
changed  or  transferred  except  upon  payment  of  its  face  value ; 
provided,  that  this  section  shall  not  prevent  the  Legislature 
from  providing  by  general  law  for  the  compromise  of  doubt¬ 
ful  claims. 

tot.  No  State  or  countv  official  shall,  at  any  time  during 
his  term  of  office,  accept,  either  directly  or  indirectly,  any  fee, 
money,  office,  appointment,  employment,  reward  or  thing  of 
value,  or  of  personal  advantage,  or  the  promise  thereof,  to 
lobbv  for  or  against  anv  measure  pending  before  the  Legis¬ 
lature,  or  to  give  or  withhold  his  influence  to  secure  the  pass¬ 
age  or  defeat  of  any  such  measure. 

T02.  The  Legislature  shall  never  pass  anv  law  to  author¬ 
ize  or  legalize  anv  marriage  between  any  white  person  and  a 
negro,  or  a  descendant  of  a  negro. 


15 


103.  The  Legislature  shall  provide  by  law  for  the  regula¬ 
tion,  prohibition,  or  reasonable  restraint  of  common  carriers, 
partnerships,  associations,  trusts,  monopolies,  and  combina¬ 
tions  of  capital,  so  as  to  prevent  them  or  any  of  them  from 
making  scarce  articles  of  necessity,  trade  or  commerce,  or  from 
increasing  unreasonably  the  cost  thereof  to  the  consumer,  or 
preventing  reasonable  competition  in  any  calling,  trade  or 
business. 

LOCAL,  LEGISLATION. 

104.  The  Legislature  shall  not  pass  a  special,  private  or 
local  law  in  any  of  the  following  cases : 

(1.) — Granting  a  divorce; 

(2.) — Relieving  any  minor  of  the  disabilities  of  non-age; 

(3.) — Changing  the  name  of  any  corporation,  association 
or  individual ; 

(4.) — Providing  for  the  adopting  or  legitimizing  of  any 
child ; 

(5.) — Incorporating  a  city,  town  or  village; 

(6.) — Granting  a  charter  to  any  corporation,  association  or 
individual ;  ' 

(7.) — Establishing  rules  of  descent  or  distribution; 

(8.) — Regulating  the  time  within  which  a  civil  or  criminal 
action  may  be  begun  ; 

(9.) — Exempting  any  individual,  private  corporation  or 
association  from  the  operation  of  any  general  law ; 

(10.) — Providing  for  the  sale  of  the  property  of  any  indi¬ 
vidual  or  estate; 

(11.) — Changing  or  locating  a  county  seat; 

(12.) — Providing  for  a  change  of  venue  in  any  case; 

(13.) — Regulating  the  rate  of  interest; 

(14.) — Fixing  the  punishment  of  crime. 

(15.) — Regulating  either  the  assessment  or  collection  of 
taxes,  except  in  connection  with  the  readjustment,  renewal,  or 
extension  of  existing  municipal  indebtedness  created  prior  to 
the  ratification  of  the  Constitution  of  eighteen  hundred  and 
seventy-five ; 

(16.) — Giving  effect  to  an  invalid  will,  deed  or  other  instru¬ 
ment  ; 

(17.) — Authorizing  any  county,  city,  town,  village,  district 
or  other  political  subdivision  of  a  county,  to  issue  bonds  or 
other  securities  unless  the  issuance  of  said  bonds  or  other  se¬ 
curities  shall  have  been  authorized  before  the  enactment  otf 
such  local  or  special  law,  bv  a  vote  of  the  dulv  qualified  elect¬ 
ors  of  such  countv,  township,  city,  town,  village,  district  or 
other  political  subdivision  of  a  county,  at  an  election  held  for 
such  purpose,  in  the  manner  that  may  be  prescribed  by  law ; 
provided,  the  Legislature  may  without  such  election,  pass  spe¬ 
cial  laws  to  refund  bonds  issued  before  the  date  of  the  rati¬ 
fication  of  this  Constitution ; 

(18.) — Amending,  confirming  or  extending  the  charter  of 
any  private  municipal  corporation,  or  remitting  the  forfeiture 


1 


16 


thereof ;  provided,  this  shall  not  prohibit  the  Legislature  from 
altering  or  re-arranging  the  boundaries  of  the  city,  town  or 
village ; 

(19.) — Creating,  extending  or  impairing  any  lien; 

(20.) — Chartering  or  licensing  any  ferry,  road  or  bridge; 

(21.) — Increasing  the  jurisdiction  and  fees  of  justices  of 
the  peace,  or  fees  of  constables ; 

(22.) — Establishing  separate  school  districts; 

(23.) — Establishing  separate  stock  districts; 

(24.) — Creating,  increasing  or  decreasing  fees,  percentages 
or  allowances  of  public  officers ; 

(25.) — Exempting  property  from  taxation  or  from  levy  or 
sale ; 

(26.) — Exempting  any  person  from  jury,  road  or  other  civil 
duty ; 

(27.) — Donating  any  lands  owned  by  or  under  control  of 
the  State  to  any  person  or  corporation ; 

(28.) — Remitting  fines,  penalties  or  forfeitures; 

(29.) — Providing  for  the  conduct  of  elections  or  designat¬ 
ing  places  of  voting,  or  changing  the  boundaries  of  wards, 
precincts  or  districts,  except  in  the  event  of  the  organization 
of  new  counties,  or  the  changing  of  the  lines  of  old  counties ; 

(30.) — Restoring  the  right  to  vote  to  persons  convicted  of 
infamous  crimes,  or  crimes  involving  moral  turpitude; 

(31.) — Declaring  who  shall  be  liners  between  precincts  or 
between  counties. 

104.  The  Legislature  shall  pass  general  laws  for  the  cases 
enumerated  in  this  section,  provided  that  nothing  in  this  sec¬ 
tion  or  article  shall  affect  the  right  of  the  Legislature  to  en¬ 
act  local  laws  regulating  or  prohibiting  the  liquor  traffic ;  but 
no  such  local  law  shall  be  enacted  unless  notice  shall  have  been 
given  as  required  in  Section  106  of  this  Constitution. 

103.  No  special,  private  or  local  law,  except  a  law  fixing 
the  time  of  holding  courts,  shall  be  enacted  in  any  case  which 
is  provided  for  by  a  general  law,  or  when  the  relief  sought 
can  be  given  by  any  court  of  this  State;  and  the  courts,  and 
not  the  Legislature,  shall  judge  as  to  whether  the  matter  of 
said  law  is  provided  for  by  a  general  law,  and  as  to  whether 
the  relief  sought  can  be  given  by  any  court ;  nor  shall  the  Leg¬ 
islature  indirectly  enact  any  such  special,  private  or  local  law 
by  the  partial  repeal  of  a  general  law. 

106.  No  special,  private  or  local  law  shall  be  passed  on  any 
subject  not  enumerated  in  Section  104  of  this  Constitution,  ex¬ 
cept  in  reference  to  fixing  the  time  of  holding  courts,  unless 
notice  of  the  intention  to  apply  therefor  shall  have  been  pub¬ 
lished,  without  cost  to  the  State,  in  the  county  or  counties 
where  the  matter  or  thing  to  be  affected  may  be  situated,  which 
notice  shall  state  the  substance  of  the  proposed  law1  and  be  pub¬ 
lished  at  least  once  a  week  for  four  consecutive  weeks  in  some 
newspaper  published  in  such  countv  or  counties,  or  if  there  is 
no  newspaper  published  therein,  then  by  posting  the  said  notice 


17 


for  four  consecutive  weeks  at  five  different  places  in  the 
county  or  counties  prior  to  the  introduction  of  the  bill ;  and 
proof  by  affidavit  that  said  notice  has  been  given  shall  be  ex¬ 
hibited  to  each  house  of  the  Legislature,  and  said  proof  spread 
upon  the  Journal.  The  courts  shall  pronounce  void  every  spe¬ 
cial,  private  or  local  law  which  the  Journals  do  not  affirma¬ 
tively  show  was  passed  in  accordance  with  the  provisions  of 
this  section. 

107.  The  Legislature  shall  not,  by  a  special,  private  or  local 
law,  repeal  or  modify  any  special,  private  or  local  law  except 
upon  notice  being  given  and  shown  as  provided  in  the  last 
preceding  section. 

108.  The  operation  of  a  general  law  shall  not  be  suspended 
for  the  benefit  of  any  individual,  private  corporation  or  asso¬ 
ciation  ;  nor  shall  any  individual,  private  corporation  or  asso¬ 
ciation  be  exempted  from  the  operation  of  any  general  law  ex¬ 
cept  as  in  this  article  otherwise  provided. 

109.  The  Legislature  shall  pass  general  laws  under  which 
local  and  private  interests  shall  be  provided  for  and  protected. 

no.  A  general  law  within  the  meaning  of  this  article  is  a 
law  which  applies  to  the  whole  State ;  a  local  law  is  a  law  which 
applies  to  any  political  subdivision  or  subdivisions  of  the  State 
less  than  the  whole;  a  special  or  private  law  within  the  mean¬ 
ing  of  this  article  is  one  which  applies  to  an  individual,  asso¬ 
ciation  or  corporation. 

in.  No  bill  introduced  as  a  general  law  in  either  House  of 
the  Legislature  shall  be  so  amended  on  its  passage  as  to  become 
a  special,  private  or  local  law. 

ARTICLE  V. 

Executive  department. 

1 12.  The  Executive  department  shall  consist  of  a  Gover¬ 
nor,  Lieutenant-Governor,  Attorney  General,  State  Auditor, 
Secretary  of  State,  State  Treasurer,  Superintendent  of  Edu¬ 
cation,  Commissioner  of  Agriculture  and  Industries,  and  a 
Sheriff  for  each  county. 

1 13.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  “The  Gover¬ 
nor  of  the  State  of  Alabama.” 

1 14.  The  Governor,  Lieutenant-Governor,  Attorney  Gen¬ 
eral,  State  Auditor,  Secretary  of  State,  State  Treasurer,  Super¬ 
intendent  of  Education,  and  Commissioner  of  Agriculture  and 
Industries  shall  be  elected  by  the  qualified  electors  of  the  State 
at  the  same  time  and  places  appointed  for  the  election  of  mem* 
bers  of  the  Legislature  in  the  year  nineten  hundred  and  two, 
and  in  every  fourth  year  thereafter. 

1 15.  The  returns  of  every  election  for  Governor,  Lieutem 

2 


18 


ant-Governor,  Attorney  General,  State  Auditor,  Secretary  of 
State,  State  Treasurer,  Superintendent  of  Education,  and  Com¬ 
missioner  of  Agriculture  and  Industries  shall  be  sealed  up  and 
transmitted  by  the  returning  officers  to  the  seat  of  govern¬ 
ment,  directed  to  the  Speaker  of  the  House  of  Representa¬ 
tives,  who  shall,  during  the  first  week  of  the  session  to  which 
such  returns  shall  be  made,  open  and  publish  them  in  the  pres¬ 
ence  of  both  Houses  of  the  Legislature  in  joint  convention; 
but  the  Speaker’s  duty  and  the  duty  of  the  joint  convention 
shall  be  purely  ministerial.  The  result  of  the  election  shall 
be  ascertained  and  declared  by  the  Speaker  from  the  face  of 
the  returns  without  delay.  The  person  having  the  highest 
number  of  votes  for  any  one  of  said  offices  shall  be  declared 
duly  elected ;  but  if  two  or  more  persons  shall  have  an  equal 
and  the  highest  number  of  votes  for  the  same  office,  the  Leg¬ 
islature  by  joint  vote,  without  delay,  shall  chooise  one  of  said 
persons  for  said  office.  Contested  elections  for  Governor, 
Lieutenant-Governor,  Attorney  General,  State  Auditor,  Sec¬ 
retary  of  State,  State  Treasurer,  Superintendent  of  Education, 
and  Commissioner  of  Agriculture  and  Industries  shall  be  de¬ 
termined  by  both  Houses  of  the  Legislature  in  such  manner 
as  may  be  prescribed  by  law. 

1 1 6.  The  Governor,  Lieutenant-Governor,  Attorney  Gen¬ 
eral,  State  Auditor,  Secretary  of  State,  State  Treasurer,  Super¬ 
intendent  of  Education,  and  Commissioner  of  Agriculture  and 
Industries,  elected  after  the  ratification  of  this  Constitution, 
shall  hold  their  respective  offices  for  the  term  of  four  years 
from  the  first  Monday  after  the  second  Tuesday  in  January 
next  succeeding  their  election,  and  until  their  successors  shall 
be  elected  and  qualified.  After  the  first  election  under  this 
Constitution  no  one  of  said  officers  shall  be  eligible  as  his  own 
successor;  and  the  Governor  shall  not  be  eligible  to  election 
or  appointment  to  any  office  under  this  State,  or  to  the  Senate 
of  the  United  States,  during  his  term,  and  within  one  year 
after  the  expiration  thereof. 

1 17.  The  Governor  and  Lieutenant-Governor  shall  each 
be  at  least  thirty  years  of  age  when  elected,  and  shall  have  been 
citizens  of  the  United  States  ten  years  and  resident  citizens  of 
this  State  at  least  seven  years  next  before  the  date  of  their 
election.  The  Lieuteinant-Governor  shall  be  ex-officio  Presi¬ 
dent  of  the  Senate,  but  shall  have  no  right  to  vote  except  in 
the  event  of  a  tie. 

1 18.  The  Governor,  Lieutenant-Governor,  Attorney  Gen¬ 
eral,  State  Auditor,  Secretary  of  State,  State  Treasurer,  Sup¬ 
erintendent  of  Education,  and  Commissioner  of  Agriculture 
and  Industries  shall  receive  compensation  to  be  fixed  by  law, 
which  shall  not  be  increased  or  diminished  during  the  term 
for  which  they  shall  have  been  elected,  and  shall,  except  the 
Lieutenant-Governor,  reside  at  the  State  Capital  during  the 
time  they  continue  in  office,  except  during  epidemics.  The 


19 


compensation  of  the  Lieutenant-Governor  shall  be  the  same  as 
that  received  by  the  Speaker  of  the  House,  except  while  serv¬ 
ing  as  Governor,  during  which  time  his  compensation  shall 
be  the  same  as  that  allowed  the  Governor. 

1 19.  If  the  Legislature,  at  the  session  next  after  the  rati¬ 
fication  of  this  Constitution,  shall  enact  a  law  increasing  the 
salary  of  the  Governor,  such  increase  shall  become  effective 
and  apply  to  the  first  Governor  elected  after  the  ratification  of 
this  Constitution,  if  the  Legislature  shall  so  determine. 

120.  The  Governor  shall  take  care  that  the  laws  be  faith¬ 
fully  executed. 

1 21.  The  Governor  may  require  information  in  writing, 
under  oath,  from  the  officers  of  the  executive  department, 
named  in  this  article,  or  created  by  statute,  on  any  subject  re¬ 
lating  to  the  duties  of  their  respective  offices ;  and  he  may  at 
any  time  require  information  in  writing,  under  oath,  from 
all  officers  and  managers  of  State  institutions,  upon  any  sub¬ 
ject  relating  to  the  condition,  management  and  expenses  of 
their  respective  offices  and  institutions.  Any  such  officer  or 
manager  who  makes  a  wilfully  false  report'  or  fails  without 
sufficient  excuse  to  make  the  required  report  on  demand,  is 
guilty  of  an  impeachable  offense. 

122.  The  Governor  may,  by  proclamation,  on  extraordinary 
occasions,  convene  the  Legislature  at  the  seat  of  government, 
or  at  a  different  place  if,  since  their  last  adjournment,  that 
shall  have  become  dangerous  from  an  enemy,  insurrection,  or 
other  lawless  outbreak,  or  from  any  infectious  or  contagious 
disease ;  and  he  shall  state  specifically  in  such  proclamation 
each  matter  concerning  which  the  action  of  that  body  is  deemed 
necessary. 

123.  The  Governor  shall,  from  time  to  time,  give  to  the 
Legislature  information  of  the  state  of  the  government,  and 
recommend  for  its  consideration  such  measures  as  he  may 
deem  expedient ;  and  at  the  commencement  of  each  regular 
session  of  the  Legislature,  and  at  the  close  of  his  term  of  office, 
he  shall  give  information  by  written  message  of  the  condition 
of  the  State ;  and  he  shall  account  to  the  Legislature,  as  may 
be  prescribed  by  law,  for  all  moneys  received  and  paid  out  by 
him  or  by  his  order;  and  at  the  commencement  of  each  regu¬ 
lar  session  he  shall  present  to  the  Legislature  estimates  of  the 
amount  of  money  required  to  be  raised  by  taxation  for  all  pur¬ 
poses. 

124.  The  Governor  shall  have  power  to  remit  fines  and 
forfeitures,  under  such  rules  and  regulations  as  may  be  pre¬ 
scribed  by  law ;  and,  after  conviction,  to  grant  reprieves,  pa¬ 
roles,  commutations  of  sentence  and  pardons,  except  in  cases 
of  impeachment.  The  Attorney  General,  Secretary  of  State, 
and  State  Auditor  shall  constitute  a  Board  of  Pardons,  who 
shall  meet  on  the  call  of  the  Governor,  and  before  whom  shall 
be  laid  all  recommendations  or  petitions,  for  pardon,  commu- 


20 


tation  or  parol,  in  cases  of  felony ;  and  the  board  shall  hear 
them  in  open  session,  and  give  their  opinion  thereon  in  writ¬ 
ing  to  the  Governor,  after  which  or  on  the  failure  of  the  board 
to  advise  for  more  than  sixty  days,  the  Governor  may  grant 
or  refuse  the  commutation,  parol  or  pardon,  as  to  him  seems 
best  for  the  public  interest.  He  shall  communicate  to  the  Leg¬ 
islature  at  each  session  every  remission  of  fines  and  forfeit¬ 
ures,  and  every  reprieve,  commutation,  parol,  or  pardon, 
with  his  reasons  therefor,  and  the  opinion  of  the  Board  of 
Pardons  in  each  case  required  to  be  referred,  stating  the  name 
and  crime  of  the  convict,  the  sentence,  its  date,  and  the  date  of 
reprieve,  commutation,  parol  or  pardon.  Pardons  in  cases  of 
felony  and  other  offenses  involving  moral  turpitude  shall  not 
relieve  from  civil  and  political  disabilities,  unless  approved  by 
the  Board  of  Pardons  and  specifically  expressed  in  the  pardon. 

125.  Every  bill  which  shall  have  passed  both  Houses  of 
the  Legislature,  except  as  otherwise  provided  in  this  Consti¬ 
tution,  shall  be  presented  to  the  Governor ;  if  he  approve,  he 
shall  sign  it  ;  but  if  not,  he  shall  return  it  with  his  objections 
to  the  House  in  which  it  originated,  which  shall  enter  the  ob¬ 
jections  at  large  upon  the  Journal  and  proceed  to  reconsider 
it.  If  the  Governor’s  message  proposes  no  amendment  which 
would  remove  his  objections  to  the  bill,  the  House  in  which 
the  bill  originated  may  proceed  to  reconsider  it,  and  if  a  ma¬ 
jority  of  the  whole  number  elected  to  that  House  vote  for  the 
passage  of  the  bill,  it  shall  be  sent  to  the  other  House,  which 
shall  in  like  manner  reconsider,  and  if  a  majority  of  the  whole 
number  elected  toi  that  House  vote  for  the  passage  of  the 
bill,  the  same  shall  become  a  law,  notwithstanding 
the  Governor’s  veto.  If  the  Governor’s  message  proposes 
amendment,  which  would  remove  his  objections,  the  House 
to  which  it  is  sent  may  so  amend  the  bill  and  send  it  with  the 
Governor’s  message  to  the  other  House,  which  may  adopt, 
but  cannot  amend,  said  amendment ;  and  both  Houses  con¬ 
curring  in  the  amendment,  the  bill  shall  again  be  sent  to  the 
Governor  and  acted  on  by  him  as  other  bills.  If  the  House  to 
which  the  bill  is  returned  refuses  to  make  such  amendment, 
it  shall  proceed  to  reconsider  it ;  and  if  a  majority  of  the  whole 
number  elected  to  that  House  shall  vote  for  the  passage  of  the 
bill,  it  shall  be  sent  with  the  objections  to  the  other  House, 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
a  majority  of  the  whole  number  elected  to  that  House,  it  shall 
become  a  law.  If  the  House  to  which  the  bill  is  returned 
makes  the  amendment,  and  the  other  House  declines  to  pass 
the  same,  that  House  shall  proceed  to  reconsider  it,  as  though 
the  bill  had  originated  therein,  and  such  proceedings  shall  be 
taken  thereon  as  above  provided.  In  every  such  case  the  vote 
of  both  Houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  or  against  the  bill  shall  be 


21 


■entered  upon  the  Journals  of  each  House  respectively.  If  any 
bill  shall  not  be  returned  by  the  Governor  within  six  days, 
Sunday  excepted,  after  it  shall  have  been  presented,  the  same 
shall  become  a  law  in  like  manner  as  if  he  had  signed  it,  unless 
the  Legislature,  by  its  adjournment,  prevent  the  return,  in 
which  case  it  shall  not  be  a  law ;  but  when  return  is  prevented 
by  recess,  such  bill  must  be  returned  to  the  House  in  which  it 
originated  within  two-  days  after  the  reassembling,  otherwise 
it  shall  become  a  law,  but  bills  presented  to  the  Governor  with¬ 
in  five  days  before  the  final  adjournment  of  the  Legislature 
may  be  approved  by  the  Governor  at  any  time  within  ten  days 
after  such  adjournment,  and  if  approved  and  deposited  with 
the  Secretary  of  State  within  that  time  shall  become  law. 
Every  vote,  order,  or  resolution  to  which  concurrence  of  both 
Houses  may  be  necessary,  except  on  questions  of  adjournment 
and  the  bringing  on  of  elections  by  the  two  Houses,  and 
amending  this  Constitution,  shall  be  presented  to  the  Gover¬ 
nor;  and,  before  the  same  shall  take  efifect,  be  approved  by 
him ;  or,  being  disapproved,  shall  be  repassed  by  both  Houses 
according  to  the  rules  and  limitations  prescribed  in  the  case 
of  a  bill. 

126.  The  Governor  shall  have  power  to  approve  or  dis¬ 
approve  any  item  or  items  of  any  appropriation  bill  embrac¬ 
ing  distinct  items,  and  the  part  or  the  parts  of  the  bill  ap¬ 
proved  shall  be  the  law,  and  the  item  or  items  disapproved 
shall  be  void,  unless  repassed  according  to  the  rules  and  limi¬ 
tations  prescribed  for  the  passage  of  bills  over  the  executive 
veto  ;  and  he  shall  in  writing  state  specifically  the  item  or 
items  he  disapproves,  setting  the  same  out  in  full  in  his  mess¬ 
age,  but  in  such  case  the  enrolled  bill  shall  not  be  returned  with 
the  Governor’s  objection. 

127.  In  case  of  the  Governor’s  removal  from  office,  death 
or  resignation,  the  Lieutenant-Governor  shall  become  Gover¬ 
nor.  If  both  the  Governor  and  Lieutenant-Governor  be  re¬ 
moved  from  office,  die,  or  resign  more  than  sixty  days  prior 
to  the  next  general  election  at  which  any  State  officers  are 
to  be  elected,  a  Governor  and  Lieutenant-Governor  shall  be 
elected  at  such  election  for  the  unexpired  term,  and  in  the 
event  of  a  vacancy  in  the  office,  caused  by  the  removal  from 
office,  death  or  resignation  of  the  Governor  and  Lieutenant- 
Governor,  pending  such  vacancy  and  until  their  successors 
shall  be  elected  and  qualified,  the  office  of  Governor  shall  be 
held  and  administered  by  either  the  President  pro  tern  of  the 
Senate,  Speaker  of  the  House  of  Representatives,  Attorney 
General,  State  Auditor,  Secretary  of  State,  or  State  Treasurer 
in  the  order  herein  named.  In  case  of  the  impeachment  of  the 
Governor,  his  absence  from  the  State  for  more  than  twenty 
■days,  unsoundness  of  mind,  or  other  disability,  the  power 
and  authority  of  the  office  shall,  until  the  Governor  is  acquit¬ 
ted,  returns  to  the  State,  or  is  restored  to  his  mind,  or  re- 


22 


lieved  from  other  disability,  devolve  in  the  order  herein  named, 
upon  the  Lieutenant-Governor,  President  pro  tern  of  the  Sen¬ 
ate,  Speaker  of  the  House  of  Representatives,  Attorney  Gen¬ 
eral,  State  Auditor,  Secretary  of  State,  and  State  Treasurer. 
If  any  of  these  officers  be  under  any  of  the  disabilities  herein 
specified,  the  office  of  Governor  shall  be  administered  in  the 
order  named  by  such  of  these  officers  as  may  be  free  from  such 
disability.  If  the  Governor  shall  be  absent  from  the  State 
over  twenty  days,  the  Secretary  of  State  shall  notify  the  Lieu¬ 
tenant-Governor,  who  shall  enter  upon  the  duties  of  Governor ; 
if  both  the  Governor  and  Lieutenant-Governor  shall  be  absent 
from  the  State  over  twenty  days,  the  Secretary  of  State  shall 
notify  the  President  pro  tern  of  the  Senate,  who  shall  enter 
upon  the  duties  of  Governor,  and  so  on,  in  case  of  such  ab¬ 
sence,  shall  notify  each  of  the  other  officers  named  in  their 
order,  who  shall  discharge  the  duties  of  the  office  until  the 
Governor  or  other  officer  entitled  to  administer  the  office  in 
succession  to  the  Governor  returns.  If  the  Governor-elect 
fails  or  refuse  from  any  cause  to  qualify,  the  Lieutenant-Gov- 
ernor-elect  shall  qualify  and  exercise  the  duties  of  Governor  un¬ 
til  the  Governor-elect  qualifies ;  and  in  the  event  both  the  Gov¬ 
ernor-elect  and  the  Lieutenant- Governor-elect  from  any  cause 
fail  to  qualify,  the  President  pro  tern  of  the  Senate,  the  Speak¬ 
er  of  the  House  of  Representatives,  the  Attorney  General, 
State  Auditor,  Secretary. of  State,  and  State  Treasurer  shall 
in  like  manner,  in  the  order  named,  administer  the  office,  until 
the  Governor-elect  or  Liuetenant-Governor-elect  qualifies. 

128.  If  the 'Governor  or  other  officer  administering  the 
office  shall  appear  to  be  of  unsound  mind,  it  shall  be  the  duty 
of  the  Supreme  Court  of  Alabama,  at  any  regular  term,  or  at 
any  special  term,  which  it  is  hereby  authorized  to  call  for 
that  purpose,  upon  request  in  writing,  verified  by  their  affida¬ 
vits,  of  any  twoi  of  the  officers  named  in  Section  127  of  this 
Constitution,  not  next  in  succession  to  the  office  of  Governor, 
to  ascertain  the  mental  condition  of  the  Governor  or  other 
officer  administering  the  office,  and  if  he  is  adjudged  to  be  of 
unsound  mind,  to  so  decree,  a  copy  of  which  decree,  duly 
certified,  shall  be  filed  in  the  office  of  Secretary  of  State ;  and 
in  the  event  of  such  adjudication  it  shall  be  the  duty  of  the 
officer  next  in  succession  to  perform  the  duties  of  the  office 
until  the  Governor  or  other  officer  administering  the  office  is 
restored  to  his  mind.  If  the  incumbent  denies  that  the  Gover¬ 
nor  or  other  person  entitled  to  administer  the  office  has  been 
restored  to  his  mind,  the  Supreme  Court,  at  the  instance  of 
any  officer  named  in  Section  127  of  this  Constitution,  shall 
ascertain  the  truth  concerning  the  same,  and  if  the  officer  has 
been  restored  to  his  mind,  shall  so  adjudge  and  file  a  duly  cer¬ 
tified  copy  of  its  decree  with  the  Secretary  of  State ;  and  in  the 
event  of  such  adjudication,  the  office  shall  be  restored  to  him. 
The  Supreme  Court  shall  prescribe  the  method  of  taking  testi- 


23 


mony  and  the  rules  of  practice  in  such  proceedings,  which  rules 
shall  include  a  provision  for  the  service  of  notice  of  such  pro¬ 
ceedings  on  the  Governor  or  person  acting  as  Governor. 

129.  The  Lieutenant-Governor,  President  pro  tern  of  the 
Senate,  Speaker  of  the  House,  Attorney  General,  State  Audi¬ 
tor,  Secretary  of  State,  or  State  Treasurer,  while  administer¬ 
ing  the  office  of  Governor,  shall  receive  like  compensation  as 
that  prescribed  by  law  for  the  Governor,  and  no  other. 

130.  No  person  shall  at  the  same  time  hold  the  office  of 
Governor  and  any  other  office,  civil  or  military,  under  this 
State,  or  the  United  States,  or  any  other  State  or  government, 
except  as  otherwise  provided  in  this  Constitution. 

13 1.  The  Governor  shall  be  commander-in-chief  of  the 
militia  and  volunteer  forces  of  this  State,  except  when  they 
shall  be  called  into  the  service  of  the  United  States,  and  he 
may  call  out  the  same  to  execute  the  laws,  suppress  insurrection 
and  repel  invasion,  but  need  not  command  in  person  unless 
directed  to  do  so  by  resolution  of  the  Legislature;  and  when 
acting  in  the  service  of  the  United  States,  he  shall  appoint  his 
staff,  and  the  Legislature  shall  fix  his  rank. 

132.  No  person  shall  be  eligible  to  the  office  of  Attorney 
General,  State  Auditor,  Secretary  of  State,  State  Treasurer, 
Superintendent  of  Education,  or  Commissioner  of  Agriculture 
and  Industries  unless  he  shall  have  been  a  citizen  of  the  United 
States  at  least  seven  years,  and  shall  have  resided  in  this  State 
at  least  five  years  next  preceding  his  election,  and  shall  be  at 
least  twenty-five  years  old  when  elected. 

133.  There  shall  be  a  seal  of  the  State  which  shall  be  used 
officially  by  the  Governor,  and  the  seal  now  in  use  shall  con¬ 
tinue  to  be  used  until  another  shall  have  been  adopted  by  the 
Legislature.  The  seal  shall  be  called  “The  Great  Seal  of  the 
State  of  Alabama.” 

134.  The  Secretary  of  State  shall  be  the  custodian  of  the 
Great  Seal  of  the  State,  and  shall  authenticate  therewith  all 
official  acts  of  the  Governor,  except  his  approval  of  laws, 
resolutions,  appointments  to  office,  and  administrative  orders. 
He  shall  keep  a  register  of  the  official  acts  of  the  Governor, 
and  when  necessary,  shall  attest  them,  and  lay  copies  of  same 
together  with  copies  of  all  papers  relative  thereto,  before 
either  House  of  the  Legislature  when  required  to  do  so,  and 
shall  perform  such  other  duties  as  may  be  prescribed  by  law. 

ryq.  All  grants  and  commissions  shall  be  issued  in  the 
name  and  by  the  authority  of  the  State  of  Alabama,  sealed 
with  the  Great  Seal  of  the  State,  signed  by  the  Governor  and 
countersigned  by  the  Secretary  of  State. 

136.  Should  the  office  of  Attorney  General,  State  Auditor, 
Secretary  of  State,  State  Treasurer,  Superintendent  of  Edu¬ 
cation,  or  Commissioner  of  Agriculture  and  Industries  become 
vacant  from  anv  cause,  the  Governor  shall  fill  such  vacancy 
until  the  disability  is  removed  or  a  successor  elected  and  quali- 


24 


fied.  In  case  any  of  said  officers  shall  become  of  unsound 
mind,  such  unsoundness  shall  be  ascertained  by  the  Supreme 
Court  upon  the  suggestion  of  the  Governor. 

137.  The  Attorney  General,  State  Auditor,  Secretary  of 
State,  State  Treasurer,  Superintendent  of  Education,  and  Com¬ 
missioner  of  Agriculture  and  Industries  shall  perform  such 
duties  as  may  be  prescribed  by  law.  The  State  Treasurer  and 
State  Auditor  shall  every  year,  at  a  time  fixed  by  the  Legis¬ 
lature,  make  a  full  and  complete  report  to  the  Governor,  show¬ 
ing  the  receipts  and  disbursements  of  every  character,  all 
claims  audited  and  paid  out,  by  items,  and  all  taxes  and  reve¬ 
nues  collected  and  paid  into  the  treasury,  and  the  sources 
thereof.  They  shall  make  reports  oftener  upon  any  matters 
pertaining  to  their  offices,  if  required  by  the  Governor  or  the 
Legislature.  The  Attorney  General,  State  Auditor,  Secretary 
of  State,  State  Treasurer,  and  Commissioner  of  Agriculture 
and  Industries  shall  not  receive  to  their  use  any  fees,  costs, 
perquisites  of  office  or  other  compensation  than  the  salaries 
prescribed  by  law,  and  all  fees  that  may  be  payable  for  any 
services  performed  by  such  officers  shall  be  at  once  paid  into 
the  State  Treasury. 

138.  A  Sheriff  shall  be  elected  in  each  county  by  the  quali¬ 
fied  electors  thereof,  who  shall  hold  office  for  a  term  of  four 
years,  unless  sooner  removed,  and  he  shall  be  ineligible  to  such 
office  as  his  own  successor ;  provided,  that  the  terms  of  all 
Sheriffs  expiring  in  the  year  nineteen  hundred  and  four  are 
hereby  extended  until  the  time  of  the  expiration  of  the  terms 
of  the  other  executive  officers  of  this  State  in  the  year  nineteen 
hundred  and  seven,  unless  sooner  removed.  Whenever  any 
prisoner  is  taken  from  jail,  or  from  the  custody  of  any  Sher¬ 
iff  or  his  deputy,  and  put  to  death,  or  suffers  grievous  bodily 
harm,  owing  to  the  neglect,  connivance,  cowardice  or  other 
grave  fault  of  the  Sheriff,  such  Sheriff  may  be  impeached 
under  Section  174  of  the  Constitution.  If  the  Sheriff  be  im¬ 
peached,  and  thereupon  convicted,  he  shall  not  be  eligible  to 
hold  anv  office  in  this  State  during  the  time  for  which  he  had 
been  elected  or  appointed  to  serve  as  Sheriff. 

ARTICLE  VI. 

,  JUDICIAL  DEPARTMENT. 

139.  The  judicial  power  of  the  State  shall  be  vested  in  the 

Senate  sitting  as  a  court  of  impeachment,  a  Supreme  Court, 

Circuit  Courts,  Chancery  Courts,  Courts  of  Probate,  such 
courts  of  law  and  equity  inferior  to  the  Supreme  Court,  and 
to  consist  of  not  more  than  five  members,  as  the  Legislature 
from  time  to  time  may  establish,  and  such  persons  as  may  be 
by  law  invested  with  powers  of  a  judicial  nature;  but  no 
court  of  general  jurisdiction,  at  law  or  in  equity,  or  both,  shall 
hereafter  be  established  in  and  for  any  one  county  having  a 


25 


population  of  less  than  twenty  thousand,  according  to  the  next 
preceding  Federal  census,  and  property  assessed  for  taxation 
at  a  -less  valuation  than  three  million  five  hundred  thousand 
dollars. 

140.  Except  inj  cases  otherwise  directed  in  this  Constitu¬ 
tion,  the  Supreme  Court  shall  have  appellate  jurisdiction  only, 
which  shall  be  coextensive  with  the  State,  under  such  restric¬ 
tions  and  regulations,  not  repugnant  to  this  Constitution,  as 
may  from  time  to  time  be  prescribed  by  law,  except  where 
jurisdiction  over  appeals  is  vested  in  some  inferior  court,  and 
made  final  therein ;  provided,  that  the  Supreme  Court  shall 
have  power  to  issue  writ's  of  injunction,  habeas  corpus,  quo 
warranto,  and  such  other  remedial  and  original  writs  as  may 
be  necessary  to  give  it  a  general  superintendence  and  control 
of  inferior  jurisdictions. 

141.  The  Supreme  Court  shall  be  held  at  the  seat  of  gov¬ 
ernment,  but  if  that  shall  become  dangerous  from  any  cause, 
it  may  convene  at  or  adjourn  to  another  place. 

142.  Except  as  otherwise  authorized  in  this  article,  the 
State  shall  be  divided  into  convenient  circuits.  For  each  cir¬ 
cuit  there  shall  be  chosen  a  judge,  who  shall,  for  one  year  next 
preceding  his  election  and  during  his  continuance  in  office,  re¬ 
side  in  the  circuit  for  which  he  is  elected. 

143.  The  Circuit  Court  shall  have  original  jurisdiction  in 
all  matters  civil  and  criminal  within  the  State  not  otherwise 
excepted  in  this  Constitution ;  but  in  civil  cases,  other  than 
suits  for  libel,  slander,  assault  and  battery,  and  ejectment,  it 
shall  have  no  original  jurisdiction  except  where  the  matter  or 
sum  in  controversy  exceeds  fifty  dollars.  . 

144.  A  Circuit  Court,  or  a  court  having  the  jurisdiction 
of  the  Circuit  Court,  shall  be  held  in  each  county  in  the  State 
at  least  twice  every  year,  and  judges  of  the  several  courts  men¬ 
tioned  in  this  section  may  hold  court  for  each  other  when  they 
deem  it  expedient,  and  shall  do  so  when  directed  by  law.  The 
judges  of  the  several  courts  mentioned  in  this  section  shall 
have  power  to  issue  writs  of  injunction,  returnable  to  the 
Courts  of  Chancery,  or  courts  having  the  jurisdiction  of  Courts 
of  Chancery. 

145.  The  Legislature  shall  have  power  to  establish  a  Court 
or  Courts  of  Chancery,  with  original  and  appellate  jurisdic¬ 
tion,  except  as  otherwise  authorized  in  this  article.  The  State 
shall  be  divided  bv  the  Legislature  into  convenient  Chancery 
divisions ;  each  division  shall  be  divided  into  districts,  and 
for  each  division  there  shall  be  a  chancellor,  who  shan  have 
resided  in  the  division  for  which  he  shall  be  elected  or  ap¬ 
pointed,  for  one  year  next  preceding  his  election  or  appoint¬ 
ment.  and  shall  reside  therein  during  his  continuance  in  office. 

146.  A  Chancery  Court,  or  a  court  having  the  jurisdiction 
of  the  Chancery  Court,  shall  be  held  in  each  district,  at  a  place 
to  be  fixed  by  law,  at  least  twice  in  each  year,  and  the  chancel- 


lors  may  hold  court  for  each  other  when  they  deem  it  neces¬ 
sary,  and  shall  do>  so  when  directed  by  law. 

147.  Any  county  having  a  population  of  twenty  thousand 
or  more,  according  to  the  next  preceding  Federal  census,  and 
also  taxable  property  of  three  million  five  hundred  thousand 
dollars  or  more  in  value,  according  to  the  next  preceding  as¬ 
sessment  of  property  for  State  and  county  taxation,  need 
not  be  included  in  any  circuit  or  chancery  division ;  but  if  the 
value  of  its  taxable  property  shall  be  reduced  below  that 
limit,  or  if  its  population  shall  be  reduced  below  that  number, 
the  Legislature  shall  include  such  county  in  a  circuit  and 
chancery  division,  or  either,  embracing  more  than  one  county. 
No  Circuit  or  Chancery  division  shall  contain  less  than  three 
counties,  unless  there  be  embraced  therein  a  county  having  a 
population  of  twenty  thousand  or  more,  and  taxable  property 
of  three  million  five  hundred  thousand  dollars  or  more  in  value. 

148.  The  Legislature  may  confer  upon  the  Circuit  Court 
or  the  Chancery  Court  the  jurisdiction  of  both  of  said  courts. 
In  counties  having  two  or  more  courts  of  record,  the  Legis¬ 
lature  may  provide  for  the  consolidation  of  all  or  any  such 
courts  of  record,  except  the  Probate  Court,  with  or  without 
separate  divisions,  and  a  sufficient  number  of  judges  for  the 
transaction  of  the  business  of  such  consolidated  court. 

149.  The  Legislature  shall  have  power  to  establish  in  each 
county  a  court  of  probate,  with  general  jurisdiction  of  orph¬ 
an’s  business  and  with  power  to  grant  letters  testamentary 
and  administration ;  provided,  that  whenever  any  court  having 
equity  powers  has  taken  jurisdiction  of  the  settlement  of  any 
estate,  it -shall  have  power  to  do  all  things  necessary  for  the 
settlement  of  such  estate,  including  the  appointment  and  re¬ 
moval  of  administrators,  executors,  guardians  and  trustees, 
and  including  action  upon  the  resignation  of  either  of  them. 

150.  The  Tustices  of  the  Supreme  Court,  Chancellors,  and 
the  Judges  of  the  Circuit  Courts  and  other  courts  of  record, 
except  Probate  Courts,  shall,  at  stated  times,  receive  for  their 
services  a  compensation  which  shall  not  be  diminished  during 
their  official  terms ;  the}^  shall  receive  no  fees  or  perquisites, 
nor  hold  any  office,  except  judicial  offices,  of  profit  or  trust 
under  this  State  or  the  United  States,  or  any  other  govern¬ 
ment,  during  the  time  for  which  they  have  been  elected  or  ap¬ 
pointed. 

151.  The  Supreme  Court  shall  consist  of  one  Chief  Justice 
and  such  number  of  Associate  Justices  as  may  be  prescribed 
by  law. 

J 

152.  The  Chief  Justice  and  Associate  Justices  of  the  Su¬ 
preme  Court,  Judges  of  the  Circuit  Courts,  Judges  of  Pro¬ 
bate  Courts  ,and  Chancellors  shall  be  elected  by  the  qualified 
electors  of  the  State,  circuits,  counties  and  chancery  divisions, 
for  which  such  courts  may  be  established,  at  such  times  as  may 
be  prescribed  by  law,  except  as  herein  otherwise  provided. 


27 


153-  The  Judges  of  such  inferior  courts  of  law  and  equity 
as  may  be  bv  law  established,  shall  be  elected  or  appointed  in 
such  mode  as  the  Legislature  may  prescribe. 

154.  Chancellors  and  Judges  ol  all  courts  of  record  shall 
have  been  citizens  of  the  United  States  and  of  this  State  for 
five  years  next  preceding  their  election  or  appointment,  and 
shall  be  not  less  than  twenty-five  years  of  age,  and,  except 
Judges  of  Probate  Courts,  shall  be  learned  in  the  law. 

155.  Except  as  otherwise  provided  in  this  article,  the  Chief 
Justice  and  Associate  Justices  of  the  Supreme  Court,  Circuit 
Judges,  Chancellors,  and  Judges  of  Probate,  shall  hold  office 
for  the  term  of  six  years,  and  until  their  successors  are  elected 
or  appointed,  and  qualified;  and  the  right  of  such  Judges  and 
Chancellors  to  hold  their  offices  for  the  full  term  hereby  pre¬ 
scribed  shall  not  be  affected  by  any  change  hereafter  made 
by  law  in  anv  circuit,  division  or  county,  Or  in  the  mode  or 
time  of  election. 

156.  The  Chief  Justice  and  Associate  Justices  of  the  Su¬ 
preme  Court  shall  be  choses  at  an  'election  to  be  held  at  the 
time  and  places  fixed  by  law  for  the  election  of  members  of 
the  House  of  Representatives  of  the  Congrss  of  the  United 
States,  until  the  Legislature  shall  by  law  change  the  time  of 
holding  such  election.  The  term  of  office  of  the  Chief  Justice, 
who  shall  be  elected  in  the  year  nineteen  hundred  and- four, 
shall  be  as  provided  in  the  last  preceding  section.  The  suc¬ 
cessors  of  two  of. the  Associate  Justices  elected  in  the  year 
nineteen  hundred  and  four  shall  be  elected  in  the  year 
nineteen  hundred  and  six,  and  the  successors  of  the  other 
two  Associate  Justices  elected  in  nineteen  hundred  and  four, 
shall  be  elected  in  the  year  nineteen  hundred  and  eight.  The 
Associate  Justices  of  said  court  elected  in  the  year  nineteen 
hundred  and  four  shall  draw  or  cast  lots  among  themselves  to 
determine  which  of  them  shall  hold  office  for  the  terms  end¬ 
ing,  respectively,  in  the  vears  nineteen  hundred  and  six  and 
nineteen  hundred  and  eight,  and  until  their  respective  suc¬ 
cessors  are  elected  or  appointed  and  qualified.  The  result  of 
such  determination  shall  be  certified  to  the  Governor  by  such 
Associate  Justices,  or  a  majority  of  them,  prior  to  the  first 
day  of  January,  nineteen  hundred  and  five,  and  such  certifi¬ 
cate  shall  be  entered  upon  the  minutes  of  the  court.  In  the 
event  of  the  failure  of  said  Associate  Justices  to  make  and 
certify  such  determination,  the  Governor  shall  designate  the 
terms  for  which  thev  shall  respectively  hold  office,  as  above 
provided,  and  shall  issue  his  proclamation  accordingly.  In  the 
event  of  an  increase  or  reduction  by  law  of  the  number  of 
Associate  Justices  of  the  Supreme  Court,  the  Legislature 
shall,  as  nearlv  as  may  be,  provide  for  the  election,  each  sec¬ 
ond  vear,  of  one-third  of  the  members  of  said  court. 

157.  All  judicial  officers  within  their  respective  jurisdic¬ 
tions  shall,  by  virtue  of  their  offices,  be  conservators  of  the 
peace. 

158.  Vacancies  in  the  office  of  any  of  the  Justices  of  the 


28 


Supreme  Court  or  Judges  who  hold  office  by  election,  or  Chan¬ 
cellors  of  this  State,  shall  be  filled  by  appointment  by  the 
Governor.  The  appointee  shall  hold  his  office  until  the  next 
general  election  for  any  State  officer  held  at  least  six  months 
after  the  vacancy  occurs,  and  until  his  successor  is  elected  and 
qualified ;  the  successor  chosen  at  such  election  shall  hold  office 
for  the  unexpired  term  and  until  his  successor  is  elected  and 
qualified. 

1 59 .  Whenever  any  new  circuit  or  chancery  division  is 
created  the  Judge  or  Chancellor  therefor  shall  be  elected  at 
the  next  general  election  for  any  State  officer  for  a  term  to 
expire  at  the  next  general  election  for  Circuit  Judge  and  Chan¬ 
cellors  ;  provided,  that  if  said  new  circuit  or  chancery  division 
is  created  more  than  six  months  before  such  general  election 
for  any  State  officer,  the  Governor  shall  appoint  some  one  as 
Judge  or  Chancellor,  as  the  case  may  be,  to*  hold  the  office 
until  such  election. 

160.  If  in  any  case,  civil  or  criminal,  pending  in  any  Cir¬ 
cuit  Court,  Chancery  Court,  or  in  any  court  of  general  juris¬ 
diction  having  any  part  of  the  jurisdiction  of  a  Circuit  and  a 
Chancery  Court,  or  either  of  them  in  this  State,  the  presiding 
judge  or  chancellor  shall,  for  any  legal  cause,  be  incompetent 
to  try,  hear  or  render  judgment  in  such  case,  the  parties,  or 
their  attorneys  of  record,  if  it  be  a  civil  case,  or  the  solicitor 
or  prosecuting  officer,  and  the  defendant  or  defendants,  if  it 
be  a  criminal  case,  may  agree  upon  some  disinterested  person 
practicing  in  the  court  and  learned  in  the  law,  to  act  as  spe¬ 
cial  judge  or  chancellor  to  sit  as  a  court,  and  to  hear,  decide, 
and  render  judgment  in  the  same  manner  and  to  the  same  ef¬ 
fect  as  such  incompetent  Chancellor  or  Judge  could  have  ren¬ 
der*' d  but  for  such  incompetency.  If  the  case  be  a  civil  one,  • 
and  the  parties  or  their  attorneys  of  record  do  not  agree;  or 
if  it  be  a  criminal  one,  and  the  prosecuting  officer  and  the 
defendant  or  defendants  do  not  agree  upon  a  special  judge 
or  chancellor,  or  if  either  party  in  a  civil  cause  is  not  repre¬ 
sented  in  court,  the  Register  in  Chancery  or  the  clerk  of  such 
Circuit  or  other  court  in  which  said  cause  is  pending,  shall 
appoint  a  special  judge  or  chancellor,  who  shall  preside,  try 
and  render  judgment  as  in  this  section  provided.  The  Legis¬ 
lature  may  prescribe  other  methods  for  supplying  special 
judges  in  such  cases. 

161.  The  Legislature  shall  have  power  to  provide  for  the 
holding  of  Chancery  and  Circuit  Courts,  and  for  the  holding 
of  courts  having  the  jurisdiction  of  Circuit  and  Chancery 
Courts,  or  either  of  them,  when  the  Chancellors  or  Judges 
thereof  fail  to  attend  regular  terms. 

162.  No  Judge  of  any  court  of  record  in  this  State  shall 
practice  law  in  any  of  the  courts  of  this  State  or  of  the  United 
States. 

163.  Registers  in  Chancery  shall  be  appointed  by  the  Chan- 


29 


cellors  of  the  respective  divisions,  and  shall  have  been  at  least 
twelve  months  before  their  appointment,  and  shall  be  at  the 
time  of  their  appointment  and  during  their  continuance  in 
office,  resident  citizens  of  the  district  for  which  they  are  ap¬ 
pointed.  They  shall  hold  office  for  the  term  for  which  the 
Chancellors  making  such  appointment  was  elected  or  appoint¬ 
ed.  Such  registers  shall  receive  as  compensation  for  their 
services  only  such  fees  and  commissions  as  may  be  specifically 
prescribed  bv  law,  which  fees  shall  be  uniform  throughout  the 
State. 

164.  The  clerk  of  the  Supreme  Court  shall  be  appointed  by 
the  Judges  thereof,  and  shall  hold  office  for  the  term  of  six 
years ;  and  the  clerks  of  such  inferior  courts  as  may  be  estab¬ 
lished  by  law  shall  be  selected  in  such  manner  as  the  Legis¬ 
lature  may  provide. 

165.  Clerks  of  the  Circuit  Court  shall  be  elected  by  the 
qualified  electors  in  each  county  for  the  term  of  six  years, 
and  may,  when  appointed  by  the  Chancellor,  also  fill  the  office 
of  Register  in  Chancery.  Vacancies  in  such  office  of  clerk 
shall  be  filled  by  the  Judge  of  the  Circuit  Court  for  the  unex¬ 
pired  term. 

166.  The  clerk  of  the  Supreme  Court  and  Registers  in 
Chancery  may  be  removed  from  office  by  the  Justices  of  the 
Supreme  Court,  and  by  the  Chancellors,  respectively,  for  cause, 
to  be  entered  at  length  upon  the  minutes  of  the  court. 

167.  A  Solicitor  for  each  judicial  circuit  oir  other  territor¬ 
ial  subdivision  prescribed  by  the  Legislature,  shall  be  elected 
by  the  qualified  electors  of  those  counties  in  such  circuit  or 
other  territorial  subdivision  in  which  such  Solicitor  prosecutes 
criminal  cases,  and  such  Solicitor  shall  be  learned  in  the  law, 
and  shall  at  the  time  of  his  election  and  during  his  continu¬ 
ance  in  office^  reside  in  a  county  (in  the  circuit)  in  which  he 
prosecutes  criminal  cases,  or  other  territorial  subdivision  for 
which  he  is  elected,  and  his  term  of  office  shall  be  for  four 
years,  and  he  shall  receive  no  other  compensation  than  a 
salary,  to  be  prescribed  by  law,  which  shall  not  be  increased 
during  the  term  for  which  he  was  elected ;  provided,  that  this 
article  shall  not  operate  to  abridge  the  term  of  any  Solicitor 
now  in  office  ;  and,  provided  further,  that  the  Solicitors  elected 
in  the  year  nineteen  hundred  and  four  shall  hold  office  for  six 
years,  and  until  their  successors  are  elected  and  qualified ;  and 
provided  further,  that  the  Legislature  may  provide  by  law  for 
the  appointment  by  the  Governor  or  the  election  by  the  quali¬ 
fied  electors  of  a  county  for  a  Solicitor  for  any  county. 

168.  In  each  precinct  not  lying  within,  or  partly  within, 
any  city  or  incorporated  town  or  more  than  fifteen  hundred 
inhabitants,  there  shall  be  elected  by  the  qualified  electors  of 
such  precinct  not  exceeding  two  Justices  of  the  Peace,  and  one 
Constable.  Where  one  or  more  precincts  lie  within,  or  partly 
within,  n  citv  or  incorporated  town  having  more  than  fifteen 


30 


hundred  inhabitants,  the  Legislature  may  provide  by  law  for 
the  election  of  not  more  than  two  Justice  of  the  Peace  and  one 
Constable,  for  each  of  such  precincts,  or  an  inferior  court 
for  such  precinct  or  precincts,  in  lieu  of  all  Justices  of  the 
Peace  therein.  Justices  of  the  Peace,  and  the  inferior  courts 
in  this  section  provided  for,  shall  have  jurisdiction  in  all  civil 
cases  where  the  amount  in  controversy  does  not  exceed  one 
hundred  dollars,  except  in  cases  of  libel,  slander,  assault  and 
battery,  and  ejectment.  The  Legislature  may  provide  by  law 
what  fees  may  be  charged  by  Justices  of  the  Peace  and  Con¬ 
stables,  which  fees  shall  be  uniform  throughout  the  State.  The 
right  of  appeal  from  any  judgment  of  a  Justice  of  the  Peace, 
or  from  any  inferior  court  authorized  by  this  section,  without 
the  prepayment  of  costs,  and  also  the  term  of  office  of  such 
Justices,  and  the  Judges  of  such  inferior  courts,  and  of  Notar¬ 
ies  Public,  shall  be  provided  for  by  law.  The  Governor  may 
appoint  Notaries  Public  without  the  powers  of  a  Justice  of 
the  Peace,  and  may,  except  where  otherwise  provided  by  an  act 
of  the  Legislature,  appoint  not  more  than  one  Notary  Public 
with  all  the  powers  and  jurisdiction  of  a  Justice  of  the  Peace 
for  each  precinct  in  which  the  election  of  Justices  of  the  Peace 
shall  be  authorized. 

169.  In  all  prosecutions  for  rape  and  assault  with  intent 
to  ravish,  the  court  may,  in  its  discretion,  exclude  from  the 
court  room  all  persons,  except  such  as  may  be  necessary  in 
the  conduct  of  the  trial. 

170.  The  style  of  all  processes  shall  be  “The  State  of  Ala¬ 
bama/’  and  all  prosecutions  shall  be  carried  on  in  the  name 
and  by  the  authority  of  the  same,  and  shall  conclude  “Against 
the  peace  and  dignity  of  the  State.” 

1 71.  The  Legislature  shall  have  the  power  to  abolish  any 
court,  except  the  Supreme  Court  and  the  Probate  Courts, 
whenever  its  jurisdiction  and  functions  have  been  conferred 
upon  some  other  court. 

172.  Nothing  in  this  article  shall  be  so  construed  as  to 
abridge  the  term  of  office  of  any  officer  now  in  office. 

ARTICLE  VII. 

% 

IMPKACHMpNTS. 

173.  The  Governor,  Lieutenant-Governor,  Attorney  Gen¬ 
eral,  State  Auditor,  Secretary  of  State,  State  Treasurer,  Su¬ 
perintendent  of  Education,  Commissioner  of  Agriculture  and 
Industries,  and  Justices  of  the  Supreme  Court  may  be  re¬ 
moved  from  office  for  wilful  neglect  of  duty,  corruption  in 
office,  incompetencv,  or  intemperance  in  the  use  of  intoxicat¬ 
ing  liquors  or  narcotics  to  such  an  extent,  in  view  of  the  dig- 
nitv  of  the  office  and  importance  of  its  duties,  as  unfits  the 
officer  for  the  discharge  of  such  duties,  or  for  any  offense  in¬ 
volving  moral  turpitude  while  in  office,  or  committed  under 


I 

c>  l 

color  thereof,  or  connected  therewith,  by  the  Senate  sitting 
as  a  court  of  impeachment,  under  oath  or  affirmation,  on  arti¬ 
cles  or  charges  preferred  by  the  House  of  Representatives. 
When  the  Governor  or  Lieutenant-Governor  is  impeached, 
the  Chief  Justice,  or  if  he  be  absent  or  disqualified,  then  one 
of  the  Associate  Justices  of  the  Supreme  Court,  to  be  selected 
by  it,  shall  preside  over  the  Senate  when  sitting  as  a  court  of 
impeachment.  If  at  any  time  when  the  Legislature  is  not  in 
session,  a  majority  of  all  the  members  elected  to  the  House  of 
Representatives  shall  certify  in  writing  to  the  Secretary  of 
State  their  desire  to  meet  to  consider  the  impeachment  of  the 
Governor,  Lieutenant-Govrnor,  or  other  officer  administering 
the  office  of  Governor,  it  shall  be  the  duty  of  the  Secretary  of 
State  immediately  to  notify  the  Speaker  of  the  House,  who 
shall,  within  ten  days  after  receipt  of  such  notice,  summon  the 
members  of  the  House,  by  publication  in  some  newspaper 
published  at  the  Capital,  to  assemble  at  the  Capitol  on  a  day 
to  be  fixed  by  the  Speaker,  not  later  than  fifteen  days  after  the 
receipt  of  the  notice  to  him  from  the  Secretary  of  State,  to 
consider  the  impeachment  of  the  Governor,  Lieutenant-Gover¬ 
nor,  or  other  officer  administering  the  office  of  Governor. 
If  the  House  of  Representatives  prefer  articles  of  impeach¬ 
ment,  the  Speaker  of  the  House  shall  forthwith  notify  the 
Lieutenant-Governor,  unless  he  be  the  officer  impeached,  in 
which  event  he  shall  notify  the  Secretary  of  State,  who  shall 
summon,  in  the  manner  herein  above  provided  for,  the  mem¬ 
bers  of  the  Senate  to  assemble  at  the  Capitol  on  a  day  to  be 
named  in  said  summons,  not  later  than  ten  days  after  receipt 
of  the  notice  from  the  Speaker  of  the  House,  for  the  purpose 
of  organizing  as  a  court  of  impeachment.  The  Senate,  when 
thus  organized,  shall  hear  and  try  such  articles  of  impeach¬ 
ment  against  the  Governor,  Lieutenant-Governor  or  other  offi¬ 
cer  administering  the  office  of  Governor,  as  may  be  preferred 
by  the  House  of  Representatives. 

174.  The  Chancellors,  Judges  of  the  Circuit  Courts,  Judges 
of  the  Probate  Courts,  and  Judges  of  other  courts  from  which 
an  appeal  may  be  taken  directly  to  the  Supreme  Court,  and 
Solicitors  and  Sheriffs,  may  be  removed  from  office  for  any 
of  the  causes  specified  in  the  preceding  section  or  elsewhere  in 
this  Constitution,  by  the  Supreme  Court,  under  such  regula¬ 
tions  as  may  be  prescribed  by  law.  The  Legislature  may  pro¬ 
vide  for  the  impeachment  or  removal  of  other  officers  than 
those  named  in  this  article. 

175.  The  clerks  of  the  Circuit  Courts,  or  courts  of  like 
jurisdiction,  and  of  Criminal  Courts,  Tax  Collectors,  Tax  As¬ 
sessors,  County  Treasurers,  County  Superintendents  of  Edu¬ 
cation,  Judges  of  inferior  courts  created  under  authority  of 
Section  168  of  this  Constitution,  Coroners,  Justices  of  the 
Peace,  Notaries  Public,  Constables,  and  all  other  county  offi¬ 
cers,  Mayors,  Intendants,  and  all  other  officers  of  incorporated 


32 


cities  and  towns  in  this  State,  may  be  removed  from  office  for 
any  of  the  causes  specified  in  Section  173  of  this  Constitution, 
by  the  Circuit  or  other  courts  of  like  jurisdiction  or  a  Criminal 
Court  of  the  county  in  which  such  officers  hold  their  office, 
under  such  regulations  as  may  be  prescribed  by  law;  pro¬ 
vided,  that  the  right  of  trial  by  jury  and  appeal  in  such  cases 
shall  be  secured. 

176.  The  penalties  in  cases  arising  under  the  three  preced¬ 
ing  sections  shall  not  extend  beyond  removal  from  office,  and 
disqualifications  from  holding  office,  under  the  authority  of  this 
State,  for  the  term  for  which  the  officer  was  elected  or  ap¬ 
pointed  ;  but  the  accused  shall  be  liable  to  indictment  and  pun¬ 
ishment  as  prescribed  by  law. 

ARTICLE  VIII. 

SUFFRAGE  AND  ERECTIONS. 

177.  Every  male  citizen  of  this  State  who  is  a  citizen  of 
the  United  States,  and  every  male  resident  of  foreign  birth, 
who,  before  the  ratification  of  this  Constitution,  shall  have 
legally  declared  his  intention  to  become  a  citizen  of  the  United 
States,  21  years  old  or  upwards,  not  laboring  under  any  of  the 
disabilities  named  in  this  article,  and  possessing  the  qualifica¬ 
tions  required  by  it,  shall  be  an  elector,  and  shall  be  entitled 
to  vote  at  any  election  by  the  people ;  provided,  that  all  for¬ 
eigners  who  have  legally  declared  their  intention  toi  become  citi¬ 
zens  of  the  United  States,  shall,  if  they  fail  to  become  citizens 
thereof  at  the  time  they  are  entitled  to  become  such,  cease  to 
have  the  right  to  vote  until  they  become  such  citizens. 

178.  To  entitle  a  person  to  vote  at  any  election  by  the  peo¬ 
ple,  he  shall  have  resided  in  the  State  at  least  two  years,  in 
the  county  one  year,  and  in  the  precinct  or  ward  three  months, 
immediately  preceding  the  election  at  which  he  offers  to  vote, 
and  he  shall  have  been  duly  registered  as  an  elector,  and  shall 
have  paid  on  or  before  the  first  day  of  February  next  preced¬ 
ing  the  date  of  the  election  at  which  he  offers  to  vote,  all  poll 

^  taxes  due  from  him  for  the  year  nineteen  hundred  and  one, 
and  for  each  subsequent  year ;  provided,  that  any  elector  who 
within  three  months  next  preceding  the  date  of  the  election 
at  which  he  offers  to  vote,  has  removed  from  one  precinct  or 
ward  to  another  precinct  or  ward  in  the  same  county,  incor¬ 
porated  town  or  city,  shall  have  the  right  to  vote  in  the  pre¬ 
cinct  or  ward  from  which  he  has  so  removed,  if  he  would  have 
been  entitled  to  vote  in  such  precinct  or  ward  but  for  such  re¬ 
moval. 

179.  All  elections  by  the  people  shall  be  by  ballot,  and  all 
elections  by  persons  in  a  representative  capacity  shall  be  viva 
voce. 

t8o.  The  following  male  citizens  of  this  State,  who  are 
citizens  of  the  United  States,  and  everv  male  resident  of  for- 


33 


eign  birth,  who,  before  the  ratification  of  this  Constitution, 
shall  have  legally  declared  his  intention  to  become  a  citi¬ 
zen  of  the  United  States,  and  who  shall  not  have  had  an  op¬ 
portunity  to  perfect  his  citizenship  prior  to  the  twentieth  day 
of  December,  nineteen  hundred  and  two,  twenty-one  years  old 
or  upwards,  who,  if  their  place  of  residence  shall  remain  un¬ 
changed,  will  have,  at  the  date  of  the  next  general  election 
the  qualifications  as  to  residence  prescribed  in  Section  178 
of  this  Constitution,  and  who  are  not  disqualified  under  Sec¬ 
tion  182  of  this  Constitution,  shall,  upon  application,  be  en¬ 
titled  to  register  as  electors  prior  to  the  twentieth  day  of  De¬ 
cember,  nineteen  hundred  and  two,  namely : 

First — All  who  have  honorably  served  in  the  land  or  naval 
forces  of  the  United  States  in  the  war  of  1812,  or  in  the  war 
with  Mexico,  or  in  any  war  with  the  Indians,  or  in  the  war  be¬ 
tween  the  States,  or  in  the  war  with  Spain,  or  who  honorably 
served  in  the  land  or  naval  forces  of  the  Confederate  States, 
or  of  the  State  of  Alabama  in  the  war  between  the  States ;  or, 

Second- — The  lawful  descendants  of  persons  who  honorably 
served  in  the  land  or  naval  forces  of  the  United  States  in  the 
war  of  the  American  Revolution,  or  in  the  war  of  1812,  or  in 
the  war  with  Mexico,  or  in  any  war  with  the  Indians,  or  in 
the  war  between  the  States,  or  in  the  land  or  naval  forces  of 
the  Confederate  States,  or  of  the  State  of  Alabama  in  the 
war  between  the  States ;  or, 

Third — All  persons  who  are  of  good  character  and  who 
understand  the  duties  and  obligations  of  citizenship  under  a 
republican  form  of  government. 

18 1.  After  the  first  day  of  January,  nineteen  hundred  and 
three,  the  following  persons,  and  no  others,  who,  if  their 
place  of  residence  shall  remain  unchanged,  will  have,  at  the 
date  of  the  next  general  election,  the  qualifications  as  to  resi¬ 
dence  prescribed  in  Section  178  of  this  article,  shall  be  quali¬ 
fied  to  register  as  electors ;  provided,  they  shall  not  be  dis¬ 
qualified  under  Section  182  of  this  Constitution. 

First — Those  who  can  read  and  write  any  article  of  the 
Constitution,  of  the  United  States  in  the  English  language, 
and  who  are  physically  unable  to  work ;  and  those  who  can 
read  and  write  any  article  of  the  Constitution  of  the  United 
States  in  the  English  language,  and  who  have  worked  or 
been  regularly  engaged  in  some  lawful  employment,  business 
or  occupation,  trade  or  calling  for  the  greater  part  of  the 
twelve  months  next  preceding  the  time  they  offer  to  register ; 
and  those  who  are  unable  to  read  and  write,  if  such  inability 
is  due  solely  to  physical  disability  ;  or, 

Second — The  owner  in  good  faith  in  his  own  right,  or  the 
husband  of  a  woman  who  is  the  owner  in  good  faith,  in  her 
own  right,  of  forty  acres  of  land  situate  in  this  State,  upon 
which  they  reside ;  or  the  owner  in  good  faith  in  his  own 

3 


34 


right,  or  the  husband  of  any  woman  who  is  the  owner  in 
good  faith,  in  her  own  right,  of  real  estate  situate  in  this 
State,  assessed  for  taxation  at  the  value  of  three  hundred 
dollars  or  more,  or  the  owner  in  good  faith,  in  his  own  right, 
or  the  husband  of  a  woman  who  is  the  owner  in  good  faith, 
in  her  own  right,  of  personal  property  in  this  State  assessed 
for  taxation  at  three  hundred  dollars  or  more ;  provided,  that 
the  taxes  due  upon  such  real  or  personal  property  for  the 
year  next  preceding  the  year  in  which  he  offers  to  register 
shall  have  been  paid,  unless  the  assessment  shall  have  been 
legally  contested  and  is  undetermined. 

182.  The  following  persons  shall  be  disqualified  both  from 
registering  and  from  voting,  namely : 

All  idiots  and  insane  persons ;  those  who  shall  by  reason  of 
conviction  of  crime  be  disqualified  from  voting  at  the  time 
of  the  ratification  of  this  Constitution ;  those  who  shall  be 
convicted  of  treason,  murder,  arson,  embezzlement,  malfeas¬ 
ance  in  office,  larceny,  receiving  stolen  property,  obtaining  prop¬ 
erty  oir  money  under  false  pretenses,  perjury,  sobornation  of 
perjury,  robbery,  assault  with  intent  to  rob,  burglary,  forgery, 
bribery,  assault  and  battery  on  the  wife,  bigamv,  living  in  adul¬ 
tery,  sodomy,  incest,  rape,  miscegenation,  crime  against  na¬ 
ture,  or  any  crime  punishable  bv  imprisonment  in  the  peni¬ 
tentiary,  or  of  any  infamous  crime  or  crime  involving  moral 
turpitude ;  also,  any  person  who  shall  be  convicted  as  a  vag¬ 
rant  or  tramp,  or  of  selling  or  offering  to  sell  his  vote  or  the 
vote  of  another,  or  of  making  or  offering  to  make  false  re¬ 
turn  in  any  election  by  the  people  or  in  any  primary  election 
to  procure  the  nomination  or  election  of  any  person  to  any 
office,  or  of  suborning  any  witness  or  registrar  to  secure  the 
registration  of  any  person  as  an  elector. 

183.  No  person  shall  be  qualified  to  vote,  or  participate  in 
anv  primary  election,  partv  convention,  mass  meeting  or  other 
method  of  party  action  of  any  political  party  or  faction,  who 
shall  not  possess  the  qualifications  prescribed  in  this  article 
for  an  elector,  or  who  shall  be  disqualified  from  voting  under 
the  provisions  of  this  article. 

184.  No  person,  not  registered  and  qualified  as  an  elector 
under  the  provisions  of  this  article  shall  vote  at  the  general 
election  in  nineteen  hundred  and  two,  or  at  any  subsequent 
State,  countv  or  municipal  election,  general,  local  or  special ; 
but  the  provisions  of  this  article  shall  not  apply  to  any  elec¬ 
tion  held  prior  to  the  general  election  in  the  year  nineteen 
hundred  and  two. 

18;.  Anv  elector  whose  right  to  vote  shall  be  challenged 
for  anv  legal  cause  before  an  election  officer,  shall  be  required 
to  swear  or  affirm  that  the  matter  of  the  challenge  is  untrue 
before  his  vote  shall  be  received,  and  any  one  who  wilfully 
swears  or  affirms  falsely  thereto  shall  be  guiltv  of  perjury, 
and  upon  conviction  thereof  shall  be  imprisoned  in  the  peni- 


35 


tentiary  for  not  less  than  one  nor  more  than  five  years. 

1 86.  The  Legislature  shall  provide  by  law  for  the  registra¬ 
tion,  after  the  first  day  of  January,  nineteen  hundred  and 
three,  of  all  qualified  electors.  Until  the  first  day  of  January, 
nineteen  hundred  and  three,  all  electors  shall  be  registered 
under  and  in  accordance  with  the  requirements  of  this  section 
as  follows : 

First — Registration  shall  be  conducted  in  each  county  by  a 
board  of  three  reputable  and  suitable  persons  resident  in  the 
county,  who  shall  not  hold  any  elective  office  durirjg  their 
term,  to  be  appointed  within  sixty  days  after  the  ratification 
of  this  Constitution,  by  the  Governor,  Auditor  and  Commis¬ 
sioner  of  Agriculture  and  Industries,  or  by  a  majority  of  them 
acting  as  a  board  of  appointment.  If  one  or  more  of  the  per¬ 
sons  appointed  on  such  board  of  registration  shall  refuse, 
neglect  or  be  unable  to  qualify  or  serve,  or  if  a  vacancy  or 
vacancies  occur  in  the  membership  of  the  board  of  registrars 
from  any  cause,  the  Governor,  Auditor  and  Commissioner  of 
Agriculture  and  Industries,  or  a  majority  of  them,  acting  as 
a  board  of  appointment,  shall  make  other  appointments  to  fill 
such  board.  Each  registrar  shall  receive  two  dollars  per  day, 
to  be  paid  by  the  State,  and  disbursed  by  the  several  Judges 
of  Probate,  for  each  entire  day’s  attendance  upon  the  ses¬ 
sions  of  the  board.  Before  entering  upon  the  performance 
of  the  duties  of  his  office,  each  registrar  shall  take  the  same 
oath  required  of  the  judicial  officers  of  the  State,  which  oath 
may  be  administered  by  any  person  authorized  by  law  to  ad¬ 
minister  oaths.  The  oath  shall  be  in  writing  and  subscribed 
bv  the  registrar,  and  filed  in  the  office  of  the  Judge  of  Pro¬ 
bate  of  the  county. 

Second — Prior  to  the  first  day  of  August,  nineteen  hun¬ 
dred  and  two,  the  Board  of  Registrars  in  each  county  shall 
visit  each  precinct  at  least  once  and  oftener  if  necessary  to 
make  a  complete  registration  of  all  persons  entitled  to  register, 
and  shall  remain  there  at  least  one  dav  from  eight  o’clock  in 
the  morning  until  sunset.  They  shall  give  at  least  twenty 
davs’  notice  of  the  time  when,  and  the  place  in  the  precinct 
where  thev  will  attend  to  register  applicants  for  registration, 
bv  bills  posted  at  five  or  more  public  places  in  each  election 
precinct,  and  by  advertisement  once  a  week  for  three  succes¬ 
sive  weeks  in  a  newspaper,  if  there  be  one  published  in  the 
countv.  Upon  failure  to  give  such  notice,  or  to  attend  any 
appointment  made  by  them  in  anv  precinct,  thev  shall,  after 
like  notice,  fill  new  appointments  therein ;  but  the  time  con¬ 
sumed  bv  the  board  in  completing  such  registration  shall  not 
exceed  sixty  working  days  in  anv  county,  except  that  in 
counties  of  more  than  nine  hundred  sauare  miles  in  area,  such 
board  mav  consume  seventy-five  working  davs  in  completing 
the  registration,  and  except  that  in  counties  in  which  there  is 
any  city  of  eight  thousand  or  more  inhabitants,  the  board  may 


36 


remain  in  session,  in  addition  to  the  time  hereinbefore  pre¬ 
scribed,  for  not  more  than  three  successive  weeks  in  each  of 
such  cities ;  and  thereafter  the  board  may  sit  from  time  to 
time  in  each  of  such  cities  not  more  than  one  week  in  each 
month,  and  except  that  in  the  county  of  Jefferson  the  board 
may  hold  an  additional  session  of  not  exceeding  five  consecu¬ 
tive  days  duration  for  each  session,  in  each  town  or  city  of 
,  more  than  one  thousand  and  less  than  eight  thousand  inhabi¬ 
tants.  No  person  shall  be  registered  except  at  the  county 
site  or  in  the  precinct  in  which  he  resides.  The  registrars  shall 
issue  to  each  person  registered  a  certificate  of  registration. 

Third — The  Board  of  Registrars  shall  not  register  any  per¬ 
son  between  the  first  day  of  August,  nineteen  hundred  and 
two,  and  the  Friday  next  preceding  the  day  of  election  in 
November,  nineteen  hundred  and  two.  On  Friday  and  Satur¬ 
day  next  preceding  the  day  of  election  in  November,  nineteen 
hundred  and  two,  they  shall  sit  in  the  court  house  of.  each 
county  during  such  days,  and  shall  register  all  applicants 
having  the  qualifications  prescribed  by  Section  180  of  this 
Constitution,  and  not  disqualified  under  Section  182,  who 
shall  have  reached  the  age  of  twenty-one  years  after  the  first 
day  of  August,  nineteen  hundred  and  two,  or  who  shall  prove 
to  the  reasonable  satisfaction  of  the  board  that,  by  reason  of 
physical  disability  or  unavoidable  absence  from  the  county, 
thev  had  no  opportunity  to  register  prior  to  the  first  day  of 
August,  nineteen  hundred  and  two,  and  thev  shall  not  on 
such  davs  register  any  other  persons.  When  there  are  two  or 
more  court  houses  in  a  county,  the  registrars  may  sit  during 
such  two  days  at  the  court  house  thev  may  select,  but  shall 
give  ten  days’  notice,  by  bills  posted  at  each  of  the  court 
houses,  designating  the  court  house  at  which  thev  will  sit. 

Fourth — The  Board  of  Registrars  shall  hold  sessions  at 
the  court  house  of  their  respective  counties  during  the  entire 
third  week  in  November,  nineteen  hundred  and  two,  and  for 
six  working  davs  next  prior  to  the  twentieth  day  of  Decem¬ 
ber.  nineteen  hundred  and  two,  during  which  sessions  they 
shall  register  all  persons  applving  who  possess  the  qualifica¬ 
tions  prescribed  in  Section  180  of  this  Constitution,  and  who 
shall  not  be  disqualified  under  Section  182.  In  counties  where 
there  are  two  or  more  court  houses  the  Board  of  Registrars 
shall  divide  the  time  equally  between  them.  The  Board  of 
Registrars  shall  give  notice  of  the  time  and  place  of  such  ses¬ 
sions  bv  posting  notices  at  each  court  house  in  their  respect¬ 
ive  counties,  and  at  each  voting  place  and  at  three  other  pub¬ 
lic  places  in  the  countv,  and  bv  publication  once  a  week  for 
two  consecutive  weeks  in  a  newspaper,  if  one  be  published  in 
the  countv ;  such  notices  to  be  posted  and  such  publications  to 
be  commenced  as  earlv  as  practicable  in  the  first  week  of  No¬ 
vember.  nineteen  hundred  and  two.  Failure  on  the  part  of  the 
registrars  to  conform  to  the  provisions  of  this  article  as  to 


the  giving  of  the  required  notices  shall  not  invalidate  ally 
registration  made  by  them. 

Fifth — The  Board  of  Registrars  shall  have  power  to  exam¬ 
ine,  under  oath  or  affirmation,  all  applicants  for  registration, 
and  to  take  testimony  touching  the  qualifications  of  such  ap¬ 
plicants.  Each  member  of  such  board  is  authorized  to  ad¬ 
minister  the  oath  to  be  taken  by  the  applicants  and  witnesses, 
which  shall  be  in  the  following  form,  and  subscribed  by  the 
person  making  it,  and  preserved  by  the  board,  namely :  “I 
solemnly  swear  (oir  affirm)  that  in  the  matter  of  the  applica¬ 
tion  of . for  registration  as  an  elector,  I  will  speak  the 

truth,  the  whole  truth,  and  nothing  but  the  truth,  so>  help  me 
God.”  Any  person  who  upon  such  examination  makes  any 
wilfully  false  statement  in  reference  to  any  material  matter 
touching  the  qualification  of  any  applicant  for  registration 
shall  be  guilty  of  perjury,  and  upon  conviction  thereof,  shall 
be  imprisoned  in  the  penitentiary  for  not  less  than  one  nor 
more  than  five  years. 

Sixth — The  action  of  the  majority  of  the  Board  of  Regis¬ 
trars  shall  be  the  action  of  the  board,  and  a  majority  of  the 
board  shall  constitute  a  quorum  for  the  transaction  of  all 
business.  Any  person  to  whom  registration  is  denied  shall 
have  the  right  of  appeal,  without  giving  security  for  costs, 
within  thirty  days  after  such  denial,  by  filing  a  petition  in  the 
Circuit  Court  or  court  of  like  jurisdiction  held  for  the  county 
in  which  he  seeks  to  register,  to  have  his  qualifications  as  an 
elector  determined.  Upon  the  filing  of  the  petition  the  clerk 
of  the  court  shall  give  notice  thereof  to  any  Solicitor  author¬ 
ized  to  represent  the  State  in  said  county,  whose  duty  it  shall 
be  to  appear  and  defend  against  the  petition  on  behalf  of  the 
State.  Upon  such  trial  the  court  shall  charge  the  jury  only 
as  to  what  constitutes  the  qualifications  that  entitle  the  appli¬ 
cant  to  become  an  elector  at  the  time  he  applied  for  registra¬ 
tion,  and  the  jury  shall  determine  the  weight  and  effect  of  the 
evidence  and  return  a  verdict.  From  the  judgment  rendered 
an  appeal  will  lie  to  the  Supreme  Court  in  favor  of  the  peti¬ 
tioner,  to  be  taken  within  thirty  days.  Final  judgment  in 
favor  of  the  petitioner  shall  entitle  him  to  registation  as  of 
the  date  of  his  application  to  the  registrars. 

Seventh — The  Secretary  of  State  shall,  at  the  expense  of 
the  State,  have  prepared  and  shall  furnish  to  the'  registrars 
and  judges  of  probate  of  the  several  counties  a  sufficient  num¬ 
ber  of  registration  books  and  of  blank  forms  of  the  oath,  cer¬ 
tificates  of  registration  and  notices  required  to  be  given  by  the 
registrars.  The  cost  of  the  publication  in  newspapers  of  the 
notices  required  to  be  given  by  the  registrars  shall  be  paid  by 
the  State,  the  bills  therefor  to  be  rendered  to  the  Secretary 
of  State  and  approved  by  him. 

Eighth — Any  person  who  registers  for  another,  or  who 
registers  more  than  once,  and  any  registrar  who  enters  the 


38 

name  of  any  person  on  the  list  of  registered  voters,  without 
such  person  having  made  application  in  person  under  oath 
on  a  form  provided  for  that  purpose,  or  who  knowingly  regis¬ 
ters  any  person  more  than  once,  or  who  knowingly  enters  a 
name  upon  the  registration  list  as  the  name  of  a  voter,  with¬ 
out  any  one  of  that  name  applying  to  register,  shall  be  guilty 
of  a  felony,  and  upon  conviction  thereof  shall  be  imprisoned 
in  the  penitentiary  for  not  less  than  one  nor  more  than  five 
years. 

187.  The  Board  of  Registrars  in  each  county  shall  on  or 
before  the  first  day  of  February,  nineteen  hundred  and  three, 
or  as  soon  thereafter  as  practicable,  file  in  the  office  of  the 
Judge  of  Probate  in  their  county,  a  complete  list  sworn  to  by 
them  of  all  persons  registered  in  their  county,  showing  the 
age  of  such  persons  so  registered,  with  the  precinct  or  ward 
in  which  each  of  such  persons  resides  set  opposite  the  name  of 
such  persons  and  shall  also  file  a  like  list  in  the  office  of  the 
Secretary  of  State.  The  Judge  of  Probate  shall,  on  or  be¬ 
fore  the  first  day  of  March,  nineteen  hundred  and  three,  or 
as  soon  thereafter  as  practicable,  cause  to  be  made  from  such 
list  in  duplicate,  in  the  books  furnished  by  the  Secretary  of 
State,  an  alphabetical  list  by  precincts  of  the  persons  shown 
by  the  list  of  registrars  to  have  been  registered  in  the  county, 
and  shall  file  one  of  such  alphabetical  lists  in  the  office  of  the 
Secretary  of  State;  for  which  services  by  the  Judges  of  Pro¬ 
bate  compensation  shall  be  provided  by  the  Legislature.  The 
Judges  of  Probate  shall  keep  both  the  original  list  filed  by  the 
registrars  and  the  alphabetical  list  made  therefrom  as  records 
in  the  office  of  the  Judge  of  Probate  of  the  county.  Unless 
he  shall  become  disqualified  under  the  provisions  of  this  arti¬ 
cle,  any  one  who  shall  register  prior  to  the  first  day  of  Janu¬ 
ary,  nineteen  hundred  and  three,  shall  remain  an  elector  dur¬ 
ing  life,  and  shall  not  be  required  to  register  again  unless  he 
changes  his  residence,  in  which  event  he  may  register  again 
on  production  of  his  certificate.  The  certificate  of  the  regis¬ 
trars  or  of  the  Judge  of  Probate  or  of  the  Secretary  of  State 
shall  be  sufficient  evidence  to  establish  the  fact  of  such  life 
registration.  Such  certificate  shall  be  issued  free  of  charge  to 
the  elector,  and  the  Legislature  shall  provide  by  law  for  the 
renewal  of  such  certificate  when  lost,  mutilated  or  destroyed. 

188.  From  and  after  the  first  day  of  January,  nineteen 
hundred  and  three,  any  applicant  for  registration  may  be  re¬ 
quired  to  state  under  oath,  to  be  administered  by  the  regis¬ 
trar  or  by  any  person  authorized  by  law  to  administer  oaths, 
where  he  lived  during  the  five  years  next  preceding  the  time 
at  which  he  applies  to  register,  and  the  name  or  names  by 
which  he  was  known  during  that  period,  and  the  name  of  his 
employer  or  employers,  if  any,  during  such  period.  Any  ap¬ 
plicant  for  registration  who  refuses  to  state  such  facts,  or  any 
of  them,  shall  not  be  entitled  to  register,  and  any  person  so 


39 


offering-  to  register,  who  wilfully  makes  a  false  statement  iii 
regard  to  such  matters,  or-  any  of  them,  shall  be  guilty  of 
perjury,  and  upon  conviction  thereof  shall  be  imprisoned  in 
the  penitentiary  for  not  less  than  one  nor  more  than  five  years. 

189.  In  the  trial  of  any  contested  election,  and  in  proceed¬ 
ings  to  investigate  any  election,  and  in  criminal  prosecutions 
for  violations  of  the  election  laws,  no  person  other  than  a  de¬ 
fendant  in  such  criminal  prosecutions  shall  be  allowed  to  with¬ 
hold  his  testimony  on  the  ground  that  he  may  criminate  him¬ 
self  or  subject  himself  to  public  infamy;  but  such  person  shall 
not  be  prosecuted  for  any  offense  arising  out  of  the  trans¬ 
actions  concerning  which  he  testified,  but  may  be  prosecuted 
for  perjury  committed  on  such  examination. 

190.  The  Legislature  shall  pass  laws  not  inconsistent  with 
this  Constitution  to  regulate  and  govern  elections,  and  all 
such  laws  shall  be  uniform  throughout  the  State;  and  shall 
provide  by  law  for  the  manner  of  holding  elections  and  of  as¬ 
certaining  the  result  of  the  same,  and  shall  provide  general 
registration  laws  not  inconsistent  with  the  provisions  of  this 
article,  for  the  registration  of  all  qualified  electors  from  and 
after  the  first  day  of  January,  nineteen  hundred  and  three. 
The  Legislature  shall  also  make  provision  by  law,  not  incon¬ 
sistent  with  this  article,  for  the  regulation  of  primary  elections, 
and  for  punishing  frauds  at  the  same,  but  shall  not  make  pri¬ 
mary  elections  compulsory.  The  Legislature  shall  by  law  pro¬ 
vide  for  purging  the  registration  list  of  the  names  of  those 
who  die,  become  insane,  or  convicted  of  crime,  or  otherwise 
disqualified  as  electors  under  the  provisions  of  this  Constitu¬ 
tion,  and  of  any  names  which  may  have  been  fraudulently  en¬ 
tered  on  such  list  by  the  registrars ;  provided,  that  a  trial  by 
jury  may  be  had  on  the  demand  of  any  person  whose  name  is 
proposed  to  be  stricken  from  the  list. 

19 1.  It  shall  be  the  duty  of  the  Legislature  to  pass  ade¬ 
quate  laws  giving  protection  against  the  evils  arising  from  the 
use  of  intoxicating  liquors  at  all  elections. 

192.  Electors  shall  in  all  cases,  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  at¬ 
tendance  ^t  elections,  or  while  going  to  or  returning  there¬ 
from. 

193.  Returns  of  elections  for  members  of  the  Legislature 
and  for  all  civil  officers  who  are  to  be  commissioned  by  the 
Governor,  except  the  Attorney  General,  State  Auditor,  Secre¬ 
tary  of  State,  State  Treasurer,  Superintendent  of  Education, 
and  Commissioner  of  Agriculture  and  Industries,  shall  be 
made  to  the  Secretary  of  State. 

194.  The  poll  tax  mentioned  in  this  article  shall  be  one 
dollar  and  fifty  cents  upon  each  male  inhabitant  of  the  State, 
over  the  age  of  twenty-one  years,  and  under  the  age  of  forty- 
five  years,  who  would  not  now  be  exempt  by  law ;  but  the 
Legislature  is  authorized  to  increase  the  maximum  age  fixed 


40 


in  this  section  to  not  more  than  sixty  years.  Such  poll  tax 
shall  become  due  and  payable  on  the  first  day  of  October  in 
each  year,  and  become  delinquent  on  the  first  day  of  the  next 
succeeding  February,  but  no  legal  process,  nor  any  fee  or 
commission  shall  be  allowed  for  the  collection  thereof.  The 
Tax  Collector  shall  make  returns  of  poll  tax  collections  sepa¬ 
rate  from  other  collections. 

195.  Any  person  who  shall  pay  the  poll  tax  of  another,  or 
advance  him  money  for  that  purpose  in  order  to  influence  his 
vote,  shall  be  guilty  of  bribery,  and  upon  conviction  therefor 
shall  be  imprisoned  in  the  penitentiary  for  not  less  than  one 
nor  more  than  five  years. 

196.  If  any  section  or  subdivision  of  this  article  shall,  for 
any  reason,  be  or  be  held  by  any  court  of  competent  jurisdic¬ 
tion  and  of  final  resort,  to  be  invalid,  inoperative  or  void,  the 
residue  of  this  article  shall  not  be  thereby  invalidated  or  af¬ 
fected. 

ARTICLE  IX. 

REPRESENTATION. 

197.  The  whole  number  of  Senators  shall  be  not  less  than 
one-fourth  or  more  than  one-third  of  the  whole  number  of 
Representatives. 

198.  The  House  of  Representatives  shall  consist  of  not 
more  than  one  hundred  and  five  members,  unless  new  counties 
shall  be  created,  in  which  event  each  new  county  shall  be  en¬ 
titled  to  one  Representative.  The  members  of  the  House  of 
Representatives  shall  be  apportioned  by  the  Legislature  among 
the  several  counties  of  the  State,  according  to  the  number  of 
inhabitants  in  them  respectively,  as  ascertained  by  the  decen¬ 
nial  census  of  the  United  States,  which  apportionment  when 
made  shall  not  be  subject  to  alteration  until  the  next  session 
of  the  Legislature  after  the  next  decennial  census  of  the 
United  States  shall  have  been  taken, 

199.  It  shall  be  the  duty  of  the  Legislature  at  its  first  ses¬ 
sion  after  the  taking  of  the  decennial  census  of  the  United 
States  in  the  year  nineteen  hundred  and  ten,  and  after  each 
subsequent  decennial  census,  to  fix  by  law  the  number  of  Rep¬ 
resentatives  and  apportion  them  among  the  several  counties 
of  the  State,  according  to  the  number  of  inhabitants  in  them 
respectively ;  provided,  that  each  county  shall  be  entitled  to 
at  least  one  Representative. 

200.  It  shall  be  the  duty  of  the  Legislature  at  its  first  ses¬ 
sion  after  taking  of  the  decennial  census  of  the  United  States 
in  the  year  nineteen  hundred  and  ten,  and  after  each  subsequent 
decennial  census,  to  fix  by  law  the  number  of  Senators,  and 
to  divide  the  State  into  as  many  Senatorial  districts  as  there 
are  Senators,  which  districts  shall  be  as  nearly  equal  to  each 
other  in  the  number  of  inhabitants  as  may  be,  and  each  shall 


41 


be  entitled  to  one  Senator,  and  no  more;  and  such  districts 
when  formed,  shall  not  be  changed  until  the  next  apportion¬ 
ing  session  of  the  Legislature,  after  the  next  decennial  census 
of  the  United  States  shall  have  been  taken ;  provided,  that 
counties  created  after  the  next  preceding  apportioning  ses¬ 
sion  of  the  Legislature  may  be  attached  to  Senatorial  districts. 
No  county  shall  be  divided  between  two  districts,  and  no  dis¬ 
trict  shall  be  made  up  of  two  or  more  counties  not  contiguous 
to  each  other. 

201.  Should  any  decennial  census  of  the  United  States 
not  be  taken,  or  if  when  taken  the  same,  as  to  this  State  be  not 
full  and  satisfactory,  the  Legislature  shall  have  power  at  its 
first  session  after  the  time  shall  have  elapsed  for  the  taking 
of  said  census,  to  provide  for  an  enumeration  of  all  the  in¬ 
habitants  of  this  State,  upon  which  it  shall  be  the  duty  of  the 
Legislature  to  make  the  apportionment  of  Representatives  and 
Senators  as  provided  for  in  this  article: 

202.  Until  the  Legislature  shall  make  an  apportionment  of 
Representatives  among  the  several  counties,  as  provided  in  the 
preceding  section,  the  counties  of  Autauga,  Baldwin,  Bibb, 
Blount,  Cherokee,  Chilton,  Choctaw,  Clay,  Cleburne,  Coffee, 
Colbert,  Conecuh,  Coosa,  Covington,  Crenshaw,  Cullman, 
Dale,  DeKalb,  Escambia,  Fayette,  Franklin,  Geneva,  Greene, 
Lamar,  Lawrence,  Limestone,  Macon,  Marion,  Marshall, 
Monroe,  Pickens,  Randolph,  St.  Clair,  Shelby,  Washington, 
and  Winston,  shall  each  have  one  Representative ;  the  counties 
of  Barbour,  Bullock,  Butler,  Calhoun,  Chambers,  Clarke,  El¬ 
more,  Etowah,  Hale,  Henry,  Jackson,  Lauderdale,  Lee, 
Lowndes,  Madison,  Marengo,  Morgan,  Perry,  Pike,  Russell, 
Sumter,  Talladega,  Tallapoosa,  Tuscaloosa,  Walker,  and  Wil¬ 
cox,  shall  each  have  two  Representatives ;  the  counties  of  Dal- 
lass  and  Mobile  shall  each  have  three  Representatives ;  the 
county  of  Montgomery  shall  have  four  Representatives ;  and 
the  county  of  Jefferson  shall  have  seven  Representatives. 

203.  Until  the  Legislature  shall  divide  the  State  into  Sena¬ 
torial  ^districts,  as  herein  provided,  the  Senatorial  districts 
shall  be  as  follows : 

First  district,  Lauderdale  and  Limestone;  Second  district, 
Lawrence  and  Morgan ;  Third  district,  Blount,  Cullman  and 
Winston ;  Fourth  district,  Madison ;  Fifth  district,  Jackson 
and  Marshall ;  Sixth  district,  Etowah  and  St.  Clair ;  Seventh 
district,  Calhoun;  Eighth  district,  Talladega;  Ninth  district, 
Chambers  and  Randolph;  Tenth  district,  Tallapoosa  and  El¬ 
more;  Eleventh  district,  Tuscaloosa;  Twelfth  district,  Fayette, 
Lamar  and  Walker;  Thirteenth  district,  Jefferson;  Fourteenth 
district,  Pickens  and  Sumter;  Fifteenth  district,  Autauga, 
Chilton  and  Shelby ;  Sixteenth  district,  Lowndes ;  Seventeenth 
district,  Butler,  Conecuh  and  Covington ;  Eighteenth  district, 
Bibb  and  Perry ;  Nineteenth  district,  Choctaw,  Clarke 
and  Washington;  Twentieth  district,  Marengo;  Twenty-first 


district,  Baldwin,  Escambia  and  Monroe ;  Twenty-second  dis¬ 
trict,  Wilcox;  Twenty-third  district,  Dale  and  Geneva;  Twen¬ 
ty-fourth  district,  Barbour;  Twenty-fifth  district,  Coffee, 
Crenshaw  and  Pike;  Twenty-sixth  district,  Bullock  and  Ma¬ 
con;  Twenty-seventh  district,  Lee  and  Russell;  Twenty- 
eighth  district,  Montgomery;  Twenty-ninth  district,  Chero¬ 
kee  and  DeKalb ;  Thirtieth  district,  Dallas ;  Thirty-first  dis¬ 
trict,  Colbert,  Franklin  and  Marion;  Thirty-second  district, 
Greene  and  Hale ;  Thirty-third  district,  Mobile ;  Thirty- 
fourth  district,  Cleburne,  Clay  and  Coosa ;  Thirty-fifth  dis¬ 
trict,  Henry. 

ARTICLE  X. 

Exemptions. 

204.  The  personal  property  of  any  resident  of  this  State 
to  the  value  of  one  thousand  dollars,  to  be  selected  by  such 
resident,  shall  be  exempt  from  sale  on  execution  or  other  pro¬ 
cess  of  any  court,  issued  for  the  collection  of  any  debt  con¬ 
tracted  since  the  thirteenth  day  of  July,  eighteen  hundred  and 
sixty-eight,  or  after  the  ratification  of  this  Constitution. 

205.  Every  homestead,  not  exceeding  eighty  acres,  and  the 
dwelling  and  appurtenances  thereon,  to  be  selected  by  the 
owner  thereof,  and  not  in  any  city,  town  or  village,  or  in  lieu 
thereof,  at  the  option  of  the  owner,  any  lot  in  a  city,  town  or 
village,  with  the  dwelling  and  appurtenances  thereon  owned 
and  occupied  by  any  resident  of  this  State,  and  not  exceeding 
the  value  of  two  thousand  dollars,  shall  be  exempt  from  sale 
on  execution  or  any  other  process  from  a  court;  for  any  debt 
contracted  since  the  thirteenth  day^of  July,  eighteen  hundred 
and  sixty-eight,  or  after  the  ratification  of  this  Constitution. 
Such  exemption,  however,  shall  not  extend  to  any  mortgage 
lawfully  obtained,  but  such  mortgage  or  other  alienation  of 
said  homestead  by  the  owner  thereof,  if  a  married  man,  shall 
not  be  valid  without  the  voluntary  signature  and  assent  of  the 
wife  to  the  same. 

206.  The  homestead  of  a  family,  after  the  death  of  the 
owner  thereof,  shall  be  exempt  from  the  payment  of  any  debts 
contracted  since  the  thirteenth  day  of  July,  eighteen  hundred 
and  sixty-eight,  or  after  the  ratification  of  this  Constitution, 
in  all  cases,  during  the  ihinority  of  the  children. 

207.  The  provisions  of  Sections  204  and  205  of  this  Con¬ 
stitution  shall  not  be  so  construed  as  to  prevent  a  laborers’ 
lien  for  work  done  and  performed  for  the  person  claiming  such 
exemption,  or  a  mechanics’  lien  for  work  done  on  the  prem¬ 
ises. 

208.  If  the  owner  of  a  homestead  die,  leaving  a  widow,  but 
no  children,  such  homestead  shall  be  exempt,  and  the  rents 
and  profits  thereof  shall  inure  to  her  benefit. 

209.  The  real  and  personal  property  of  any  female  in  this 


State,  acquired  before  marriage,  and  all  property,  real  and  per¬ 
sonal,  to  which  she  may  afterwards  be  entitled  by  gift,  grant,  in¬ 
heritance  or  devise,  shall  be  and  remain  the  separate  estate 
and  property  of  such  female,  and  shall  not  be  liable  for  any 
debts,  obligations  or  engagements  of  her  husband,  and  may  be 
devised  or  bequeathed  by  her,  the  same  as  if  she  were  a  feme 
sole. 

*210.  The  right  of  exemption  hereinbefore  secured  may  be 
waived  by  an  instrument  in  writing,  and  when  such  waiver  re¬ 
lates  to  realty,  the  instrument  must  be  signed  by  both  the  hus¬ 
band  and  the  wife,  and  attested  by  one  witness. 

ARTICLE  XI. 

TAXATION. 

21 1.  All  taxes  levied  on  property  in  this  State  shall  be  as¬ 
sessed  in  exact  proportion  to  the  value  of  such  property,  but 
no  tax  shall  be  assessed  upon  any  debt  for  rent  or  hire  of  real 
or  personal  property,  while  owned  by  the  landlord  or  hirer 
during  the  current  year  of  such  rental  or  hire,  if  such  real  or 
personal  property  be  assessed  at  its  full  value. 

212.  The  power  to  levy  taxes  shall  not  be  delegated  to  in¬ 
dividuals  or  private  corporations  or  associations. 

213.  After  the  ratification  of  this  Constitution,  no  new  debt 
shall  be  created  against,  or  incurred  by  this  State,  or  its  author¬ 
ity,  except  to  repel  invasion  or  suppress  insurrection,  and  then 
only  by  a  concurrence  of  two-thirds  of  the  members  of  each 
House  of  the  Legislature,  and  the  vote  shall  be  taken  by  yeas 
and  nays  and  entered  on  the  Journals;  and  any  act  creating 
or  incurring  any  new  debt  against  this  State,  except  as  here¬ 
in  provided  for,  shall  be  absolutely  void ;  provided,  the  Gover¬ 
nor  may  be  authorized  to  negotiate  temporary  loans,  never  to 
exceed  three  hundred  thousand  dollars,  to  meet  the  deficiencies 
in  the  treasury,  and  until  the  same  is  paid  no  new  loan  shall 
be  negotiated ;  provided  further,  that  this  section  shall  not  be 
so  construed  as  to  prevent  the  issuance  of  bonds  for  the  pur¬ 
pose  of  refunding  the  existing  bonded  indebtedness  of  the 
State. 

214.  The  Legislature  shall  not  have  the  power  to  levy  in 
any  one  year  a  greater  rate  of  taxation  than  sixty-five  one- 
hundredths  of  one  per  centum  on  the  value  of  the  taxable  prop¬ 
erty  within  this  State. 

215.  No  county  in  this  State  shall  be  authorized  to  levy  a 
greater  rate  of  taxation  in  any  one  year  on  the  value  of  the 
taxable  property  therein  than  one-half  of  one  per  centum ;  pro¬ 
vided,  that  to  pay  debts  existing  on  the  sixth  day  of  December, 
eighteen  hundred  and  seventy-five,  an  additional  rate  of  one- 
fourth  of  one  per  centum  may  be  levied  and  collected  which 
shall  be  appropriated  exclusively  to  the  payment  of  such  debts 
and  the  interest  thereon;  provided  further,  that  to  pay  any 


44 


debt  or  liability  now  existing  against  any  county,  incurred  for 
the  erection,  construction,  or  maintenance  of  the  necessary 
public  buildings  or  bridges,  or  that  may  hereafter  be  created 
for  the  erection  of  necessary  public  buildings,  bridges  or 
roads,  any  county  may  levy  and  collect  such  special  taxes,  not 
to  exceed  one-fourth  of  one  per  centum,  as  may  have  been 
or  may  hereafter  be  authorized  by  law,  which  taxes  so  levied 
and  collected  shall  be  applied  exclusively  to  the  purposes  for 
which  the  same  were  so  levied  and  collected. 

216.  No:  city,  town,  village  or  other  municipal  corporation, 
other  than  as  provided  in  this  article,  shall  levy  or  collect  a 
higher  rate  of  taxation  in  any  one  year  on  the  property  situ¬ 
ated  therein  than  one-half  of  one  per  centum  of  the  value  of 
such  property  as  assessed  for  State  taxation  during  the  pre¬ 
ceding  year;  provided,  that  for  the  purpose  of  paying  debts 
existing  on  the  sixth  day  of  December,  eighteen  hundred  and 
seventy-five,  and  the  interest  thereon,  a  tax  of  one  per  centum 
may  be  levied  and  collected,  to  be  applied  exclusively 
to  the  payment  of  such  indebtedness ;  and  provided  further, 
that  this  section  shall  not  apply  to  the  city  oif  Mobile,  which 
city  may  from  and  after  the  ratification  of  this  Constitution, 
levy  a  tax  not  to  exceed  the  rate  of  three-fourths  of  one  per 
centum  to  pay  the  expenses  of  the  city  government,  and  may 
also  levy  a  tax  not  to  exceed  three-fourths  of  one  per  centum 
to  pay  the  debt  existing  on  the  sixth  day  of  December,  eighteen 
hundred  and  seventy-five,  with  interest  thereon,  or  any  re¬ 
newal  of  such  debt ;  and,  provided  further,  that  this  section 
shall  not  apply  to  the  cities  of  Birmingham,  Huntsville  and 
Bessemer,  and  the  town  of  Andalusia,  which  cities  and  town 
may  levy  and  collect  a  tax  not  to  exceed  one-half  of  one  per 
centum  in  addition  to  the  tax  of  one-half  of  one  per  centum 
as  hereinbefore  allowed  to  be  levied  and  collected,  such  special 
tax  to  be  applied  exclusively  to  the  payment  of  interest  on 
bonds  of  said  cities  of  Birmingham,  Huntsville  and  Bessemer 
and  town  of  Andalusia,  respectively,  heretofore  issued  in  pur¬ 
suance  of  law,  or  now  authorized  by  law  to  be  issued,  and  foir 
a  sinking  fund  to  pay  off  said  bonds  at  the  maturity  thereof ; 
and  provided  further,  that  this  section  shall  not  apply  to  the 
city  of  Montgomery,  which  city  shall  have  the  right  to  levy 
and  collect  a  tax  of  not  exceeding  one-half  of  one  per  centum 
per  annum  upon  the  value  of  the  taxable  property  therein,  as 
fixed  for  State  taxation,  for  general  purposes,  and  an  additional 
tax  of  not  exceeding  three-fourths  of  one  per  centum  per  an¬ 
num  upon  the  value  of  the  property  therein,  as  fixed  for  State 
taxation,  to  be  devoted  exclusively  to  the  payment  of  its  pub¬ 
lic  debt,  interest  thereon,  and  renewals  thereof,  and  to  the 
maintenance  of  its  public  schools,  and  public  conveniences ; 
and  provided  further,  that  this  section  shall  not  apply  to  Troy, 
Attalla,  Gadsden,  Woodlawn,  Brewton,  Pratt  City,  Ensley, 
Wylam,  and  Avondale,  which  cities  and  towns  may  from  and 


45 


after  the  ratification  of  this  Constitution,  levy  and  collect  an 
additional  tax  of  not  exceeding  one-half  of  one  per  centum ; 
and  provided  further,  that  this  section  shall  not  apply  to  the 
cities  of  Decatur,  New  Decatur  and  Cullman,  which  cities  may 
from  and  after  the  ratification  of  this  Constitution,  levy  and 
collect  an  additional  tax  of  not  exceeding  three-tenths  of  one 
per  centum  per  annum ;  such  special  tax  of  said  city  of  De¬ 
catur  to  be  applied  exclusively  for  the  public  schools,  public 
school  buildings,  and  public  improvements ;  and  such  special 
tax  of  New  Decatur  and  Cullman  to  be  applied  exclusively 
for  educational  purposes,  and  to  be  expended  under  their  re¬ 
spective  boards  of  Public  School  Trustees;  but  this  additional 
tax  shall  not  be  levied  by  Troy,  Attalla,  Gadsden,  Woodlawn, 
Brewton,  Pratt  City,  Ensley,  Wvlam,  Avondale,  Decatur,  New 
Decatur,  or  Cullman  unless  authorized  by  a  majority  vote  of 
the  qualified  electors  voting  at  a  special  election  held  for  the 
purpose  of  ascertaining  whether  or  not  said  tax  shall  be  levied ; 
and  provided  further,  that  the  purposes  for  which  such  special 
tax  is  sought  to  be  levied  shall  be  stated  in  such  election  call, 
and,  if  authorized,  the  revenue  derived  from  such  special  tax 
shall  be  used  for  no  other  purpose  than  that  stated ;  and  pro¬ 
vided  further,  that  the  additional  tax  authorized  to  be  levied  bv 
the  city  of  Troy,  when  so  levied  and  collected,  shall  be  used 
exclusively  in  the  payment  of  the  bonds  and  interest  coupons 
thereon,  hereafter  issued  in  the  adjustment  of  the  present 
bonded  indebtedness  of  said  city;  and  provided  further,  that 
the  additional  tax  authorized  to  be  levied  and  collected  by  the 
city  of  Attalla  shall,  when  so  levied  and  collected,  be  used  ex¬ 
clusively  in  the  payment  of  bonds  to  the  amount  of  not  exceed¬ 
ing  twenty-five  thousand  dollars,  and  the  interest  coupons 
thereon,  hereafter  to  be  issued  in  the  adjustment  of  the  pres¬ 
ent  indebtedness  of  said  city ;  provided  further,  that  the  gov¬ 
erning  boards  of  said  cities,  which  are  authorized  to  levy  an 
additional  tax  after  the  holding  of  an  election  as  aforesaid, 
are  hereby  authorized  to  provide  by  ordinance  the  necessary 
machinery  for  the  holding  of  said  election  and  declaring  the 
result  thereof. 

217.  The  propertv  of  private  corporations,  associations  and 
individuals  of  this  State  shall  forever  be  taxed  at  the  same 
rate  ;  provided,  this  section  shall  not  apply  to  institutions  de¬ 
voted  exclusively  to  religious,  educational  or  charitable  pur¬ 
poses. 

218.  The  Legislature  shall  not  have  the  power  to  require 
counties  or  other  municipal  corporations  to  pay  any  charges 
which  are  now  payable  out  of  the  State  treasury. 

219.  The  Legislature  may  levy  a  tax  of  not  more  than  two 
and  one-half  per  centum  of  the  value  of  all  estates,  real  and 
personal,  money,  public  and  private  securities  of  every  kind 
in  this  State,  passing  from  any  person  who  may  die  seized  and 
possessed  thereof,  or  of  any  part  of  such  estate,  money  or  se- 


46 


curities,  or  interest  therein,  transferred  by  the  intestate  laws 
of  this  State,  or  by  will,  deed,  grant,  bargain,  sale  or  gift,  made 
or  intended  to  take  effect  in  possession  after  death  of  the 
grantor,  devisor,  or  donor,  to  any  person  or  persons,  bodies 
politic  or  corporate,  in  trust  or  otherwise,  other  than  to  or  for 
the  use  of  the  father,  mother,  husband,  wife,  brothers,  sisters, 
children  or  lineal  descendants  of  the  grantor,  devisor,  donor 
or  intestate. 

ARTICLE  XII. 

CORPORATIONS. 

MUNICIPAL,  CORPORATIONS. 

220.  No  person,  firm,  association  or  corporation  shall  be 
authorized  or  permitted  to  use  the  streets,  avenues,  alleys  or 
public  places  of  any  city,  town  oir  village  for  the  construction 
or  operation  of  any  public  utility  or  private  enterprise,  with¬ 
out  first  obtaining  the  consent  of  the  proper  authorities  of  such 
city,  town  or  village. 

221.  The  Legislature  shall  not  enact  any  law  which  will 
permit  any  person,  firm,  corporation  or  association  to  pay  a 
privilege,  license  or  other  tax  to  the  State  O'f  Alabama,  and  re¬ 
lieve  him  or  it  from  the  payment  of  all  other  privilege  and 
license  taxes  in  the  State. 

222.  The  Legislature,  after  the  ratification  of  this  Consti¬ 
tution,  shall  have  authority  to  pass  general  laws  authorizing 
the  counties,  cities,  towns,  villages,  districts  or  other  political 
subdivisions  of  counties  to  issue  bonds,  but  no  bonds  shall  be 
issued  under  authority  of  a  general  law  unless  such  issue  of 
bonds  be  first  authorized  by  a  majority  vote  by  ballot  of  the 
qualified  voters  of  such  county,  city,  town,  village,  district,  or 
other  political  subdivision  of  a  county,  voting  upon  such  pro¬ 
position.  The  ballot  used  at  such  election  shall  contain  the 
words  “For  ....  bond  issue,”  and  “Against  ....  bond  issue,” 
(the  character  of  the  bond  to  be  shown  in  the  blank  space), 
and  the  voter  shall  indicate  his  choice  by  placing  a  cross  mark 
before  or  after  the  one  or  the  other.  This  section  shall  not  ap¬ 
ply  to  the  renewal,  refunding  or  reissue  of  bonds  lawfully  is¬ 
sued,  nor  to  the  issuance  of  bonds  in  cases  where  the  same  have 
been  authorized  by  laws  enacted  prior  to  the  ratification  of  this 
Constitution,  nor  shall  this  section  applv  to  obligations  incurred 
or  bonds  to  be  issued  to  procure  means  to  pay  for  street  and 
sidewalk  improvements  or  sanitary  or  storm  water  sewers,  the 
cost  of  which  is  to  be  assessed,  in  whole  or  in  part,  against  the 
property  abutting  said  improvements  oir  drained  by  such  sani¬ 
tary  or  storm  water  sewers. 

223.  No  city,  town  or  other  municipality  shall  make  any 
assessment  for  the  cost  of  sidewalks  or  street  paving,  or  for 
the  cost  of  the  construction  of  anv  sewers  against  property 
abutting  on  such  street  or  sidewalk  so  paved,  or  drained  by 


47 


such  sewers,  in  excess  of  the  increased  value  of  such  property 
bv  reason  of  the  special  benefits  derived  from  such  improve¬ 
ments. 

224.  No  county  shall  become  indebted  •  in  an  amount  in¬ 
cluding  present  indebtedness,  greater  than  three  and  one-half 
per  centum  of  the  assessed  value  of  the  property  therein ;  pro¬ 
vided,  this  limitation  shall  not  affect  any  existing  indebtedness 
in  excess  of  such  three  and  one-half  per  centum,  which  has 
already  been  created  or  authorized  by  existing  law  to  be 
created ;  provided,  that  any  county  which  has  already  incurred 
a  debt  exceeding  three  and  one-half  per  centum  of  the  assessed 
value  of  the  property  therein,  shall  be  authorized  to  incur  an 
indebtedness  of  one  and  a  half  per  centum  of  the  assessed 
value  of  such  property  in  addition  to  the  debt  already  existing. 
Nothing  herein  contained  shall  prevent  any  county  from  issu¬ 
ing  bonds,  or  other  obligations,  to  fund  or  refund  any  indeb¬ 
tedness  now  existing  or  authorized  by  existing  laws  to  be 
created. 

225.  No  city,  town  or  other  municipal  corporation  having 
a  population  of  less  than  six  thousand,  except  as  hereafter 
provided,  shall  become  indebted  in  an  amount,  including  pres¬ 
ent  indebtedness,  exceeding  five  per  centum  of  the  assessed 
value  of  the  property  therein,  except  for  the  construction  or 
purchase  of  water  works,  gas  or  electric  lighting  plants,  or 
sewerage,  or  for  the  improvement  of  streets,  for  which  pur¬ 
poses  an  additional  indebtedness  not  exceeding  three  per 
centum  may  be  created ;  provided,  this  limitation  shall  not 
affect  any  debt  now  authorized  by  law  to  be  created,  nor  any 
temporary  loans  to  be  paid  within  one  year,  made  in  antici¬ 
pation  of  the  collection  of  taxes,  not  exceeding  one-fourth  of 
the  annual  revenues  of  such  city  or  town.  All  towns  and 
cities  having  a  population  of  six  thousand  or  moire,  also  Gads¬ 
den,  Ensley,  Decatur,  and  New  Decatur,  are  hereby  authorized 
to  become  indebted  in  an  amount  including  present  indebted¬ 
ness,  not  exceeding  seven  per  centum  of  the  assessed  valuation 
of  the  property  therein,  provided  that  there  shall  not  be  in¬ 
cluded  in  the  limitation  of  the  indebtedness  of  such  last  de¬ 
scribed  cities  and  towns  the  following  classes  of  indebtedness, 
to-wit :  Temporary  loans,  to  be  paid  within  one  year,  made  in 
anticipation  of  the  collection  of  taxes,  and  not  exceeding  one- 
fourth  of  the  general  revenues,  bonds  or  other  obligations  al¬ 
ready  issued,  or  which  may  hereafter  be  issued  for  the  pur¬ 
pose  of  acquiring,  providing  or  constructing  school  houses, 
water  works  and  sewers ;  and  obligations  incurred  and  bonds 
issued  for  street  or  sidewalk  improvements,  where  the  cost 
of  the  same,  in  whole  or  in  part,  is  to  be  assessed  against  the 
property  abutting  said  improvements ;  provided,  that  the  pro¬ 
ceeds  of  all  obligations  issued  as  herein  provided,  in  excess 
of  said  seven  per  centum  shall  not  be  used  for  any  purpose 
other  than  that  for  which  said  obligations  were  issued.  Noth- 


48 


ing  contained  in  this  article  shall  prevent  the  funding  or  re¬ 
funding  of  existing  indebtedness.  This  section  shall  not  apply 
to  the  cities  of  Sheffield  and  Tuscumbia. 

226.  No  city,  town  oir  village,  whose  present  indebtedness 
exceeds  the  limitation  imposed  by  this  Constitution,  shall  be 
allowed  to  become  indebted  in  any  further  amount,  except  as 
otherwise  provided  in  this  Constitution,  until  such  indebted¬ 
ness  shall  be  reduced  within  such  limit ;  provided,  however, 
that  nothing  herein  contained  shall  prevent  any  municipality, 
except  the  city  of  Gadsden,  from  issuing  bonds  already  auth¬ 
orized  by  law ;  provided  further,  that  this  section  shall  not  ap¬ 
ply  to  the  cities  of  Sheffield  and  Tuscumbia. 

227.  Any  person,  firm,  association  or  corporation,  who  may 
construct  or  operate  any  public  utility  along  or  across  the  pub¬ 
lic  streets  of  any  city,  town  or  village,  under  any  privilege  or 
franchise  permitting  such  construction  or  operation,  shall  be 
liable  to  abutting  proprietors  for  the  actual  damage  done  to 
the  abutting  property  on  account  of  such  construction  or  oper¬ 
ation. 

228.  No  city  or  town  having  a  population  of  more  than 
six  thousand  shall  have  authority  to  grant  to  any  person,  firm, 
corporation  or  association  the  right  to  use  its  streets,  avenues, 
alleys,  or  public  places  for  the  construction  or  operation  of 
water  works,  gas  works,  telephone  or  telegraph  line,  electric 
light  or  power  plants,  steam  or  other  heating  plants,  street 
railroads,  or  any  other  public  utility,  except  railroads  other 
than  street  railroads  for  a  longer  period  than  thirty  years. 

229.  The  Legislature  shall  pass  no  special  act  conferring 
corporate  powers,  but  it  shall  pass  general  laws  under  which 
corporations  mav  be  organized  and  corporate  powers  obtained, 
subject,  nevertheless,  to  repeal  at  the  will  of  the  Legislature; 
and  shall  pass  general  laws  under  which  charters  may  be  al¬ 
tered  or  amended.  The  Legislature  shall,  by  general  law,  pro¬ 
vide  for  the  payment  to  the  State  of  Alabama  of  a  franchise 
tax  by  corporations  organized  under  the  laws  of  this  State, 
which  shall  be  in  proportion  to  the  amount  of  capital  stock ; 
but  strictly  benevolent,  educational  otr  religious  corporations 
shall  not  be  required  to  pav  such  a  tax.  The  charter  of  any 
corporation  shall  be  subject  to  amendment,  alteration  or  re¬ 
peal  under  general  laws. 

230.  All  existing  charters,  under  which  a  bona  fide  organ¬ 
ization  shall  not  have  taken  place  and  business  commenced  in 
good  faith  within  twelve  months  from  the  time  of  the  ratifi¬ 
cation  of  this  Constitution,  shall  thereafter  have  no  validitv. 

231.  The  Legislature  shall  not  remit  the  forfeiture  of  the 
charter  of  anv  corporation  now  existing  oir  alter  or  amend  the 
same,  nor  pass  anv  general  or  special  law  for  the  benefit  of  such 
corooration,  other  than  in  execution  of  a  trust  created  bv  law 
or  by  contract,  except  upon  condition  that  such  corporation 


49 


shall  thereafter  hold  its  charter  subject  to  the  provisions  of  this 
Constitution. 

232.  No  foreign  corporation  shall  do  any  business  in  this 
State  without  having  at  least  one  known  place  of  business  and 
an  authorized  agent  or  agents  therein,  and  without  tiling  with 
the  Secretary  of  State  a  certified  copy  of  its  articles  of  incor¬ 
poration  or  association.  Such  corporation  may  be  sued  in  any 
county  where  it  does  business,  by  service  of  process  upon  an 
agent  anywhere  in  the  State.  The  Legislature  shall,  by  general 
law,  provide  for  the-  payment  to  the  State  of  Alabama  of  a  fran¬ 
chise  tax  by  such  corporation,  but  such  franchise  tax  shall  be 
based  on  the  actual  amount  of  capital  employed  in  this  State. 
Strictly  benevolent,  educational  or  religious  corporations  shall 
not  be  required  to  pay  such  a  tax. 

233.  No  corporation  shall  engage  in  any  business  other  than 
that  expressly  authorized  in  its  charter  or  articles  of  incor¬ 
poration. 

234.  No  corporation  shall  issue  stock  or  bonds  except  for 
money,  labor  done,  or  property  actually  received ;  and  all  ficti¬ 
tious  increase  of  stock  or  indebtedness  shall  be  void.  The 
stock  and  bonded  indebtedness  of  corporations  shall  not  be  in¬ 
creased  except  in  pursuance  of  general  laws,  nor  without  the 
coimsent  of  the  persons  holding  the  larger  amount  in  value  of 
stock,  first  obtained  at  a  meeting  to  be  held  after  thirty  days’ 
notice,  given  in  pursuance  of  law. 

235.  Municipal  and  other  corporations  and  individuals  in¬ 
vested  with  the  privilege  of  taking  property  for  public  use, 
shall  make  just  compensation,  to  be  ascertained  as  may  be  pro¬ 
vided  by  law,  for  the  property  taken,  injured  or  destroyed  by 
the  construction  or  enlargement:  of  its  works,  highways  or  im¬ 
provements,  which  compensation  shall  be  paid  before  such 
taking,  injury  or  destruction.  The  Legislature  is  hereby  pro¬ 
hibited  from  denying  the  right  of  appeal  from  any  preliminary 
assessment  of  damages  against  any  such  corporations  or  indi¬ 
viduals  made  by  viewers  or  otherwise,  but  such  appeal  shall 
not  deprive  those  who<  have  obtained  the  judgment  of  condem¬ 
nation  from  a  right  of  entry,  provided  the  amount  of  damages 
assessed  shall  have  been  paid  in  the  court  in  money,  and  a  bond 
shall  have  been  given  in  not  less  than  double  the  amount  of  the 
damages  assessed,  with  good  and  sufficient  sureties,  to  pay  such 
damages  as  the  property  owner  may  sustain ;  and  the  amount 
of  damages  in  all  cases  of  appeals  shall  on  the  demand  of  either 
party,  be  determined  by  a  jury  according  to  law. 

236.  Dues  from  private  corporations  shall  be  secured  by 
such  means  as  may  be  prescribed  by  law ;  but  in  no  case  shall 
any  stockholder  be  individually  liable  otherwise  than  for  the 
unpaid  stock  owned  by  him  or  her. 

237.  No  corporation  shall  issue  preferred  stock  without  the 
consent  of  the  owners  of  two-thirds  of  the  stock  of  said  cor¬ 
poration. 


4 


50 


238.  The  Legislature  shall  have  the  power  to  alter,  amend 
or  revoke  any  charter  of  incorporation  now  existing  and  re¬ 
vocable  at  the  ratification  of  this  Constitution,  or  any  that  may 
be  hereafter  created,  whenever,  in  its  opinion,  such  charter  may 
be  injurious  to  the  citizens  of  this  State,  in  such  manner,  how¬ 
ever,  that  no  injustice  shall  be  done  to  the  stockholders. 

239.  Any  association  or  corporation  organized  for  the  pur¬ 
pose,  or  any  individual,  shall  have  the  right  to  construct  and 
maintain  lines  of  telegraph  and  telephone  withimi  this  State,  and 
connect  the  same  with  other  lines ;  and  the  Legislature  shall,  by 
general  law  of  uniform  operation,  provide  reasonable  regula¬ 
tions  to  give  full  effect  to  this  section.  No  telegraph  or  tele¬ 
phone  company  shall  consolidate  with  or  hold  a  controlling  in¬ 
terest  in  the  stock  or  bonds  of  any  other  telegraph  or  telephone 
company  owning  a  complete  line,  or  acquire,  by  purchase  or 
otherwise,  any  other  competing  line  of  telegraph  or  telephone. 

240.  All  corporations  shall  have  the  right  to  sue,  and  shall 
be  subject  to  be  sued,  in  all  courts  in:  like  cases  as  natural  per¬ 
sons. 

241.  The  term  “corporation,”  as  used  in  this  article,  shall 
be  construed  to  include  all  joint  stock  companies,  and  all  asso¬ 
ciations  having  any  of  the  powers  or  privileges  of  corporations, 
not  possessed  by  individuals  or  partnerships. 

RAILROADS  AND  CANALS. 

242.  All  railroads  and  canals  not  constructed  and  used  ex¬ 
clusively  for  private  purposes,  shall  be  public  highways,  and 
all  railroad  and  canal  companies  shall  be  common  carriers.  Any 
association  or  corporation  organized  for  the  purpose  shall  have 
the  right  to  construct  and  operate  a  railway  between  any  points 
in  this  State,  and  connect  at  the  State  line,  with  railroads  of 
other  States.  Every  railroad  company  shall  have  the  right 
with  its  road  to  intersect,  connect  with,  or  cross  any  other  rail¬ 
road,  and  each  shall  receive  and  transport  the  freight,  passen¬ 
gers  and  cars,  loaded  or  empty,  of  the  others,  without  delay  or 
discrimination. 

243.  The  power  and  authority  of  regulating  railroad  freight 
and  passenger  tariffs,  the  locating  and  building  of  passenger 
and  freight  depots,  correcting  abuses,  preventing  unjust  dis¬ 
crimination  and  extortion  and  requiring  reasonable  and  just 
rates  of  freight  and  passenger  tariffs,  are  hereby  conferred  up¬ 
on  the  Legislature,  whose  duty  it  shall  be  to  pass  laws  from 
time  to  time  regulating  freight  and  passenger  tariffs,  to  pro¬ 
hibit  unjust  discrimination  on  the  various  railroads,  canals  and 
rivers  of  the  State,  and  to  prohibit  the  charging  of  other  than 
just  and  reasonable  rates  and  enforce  the  same  by  adequate 
penalties. 

244.  No  railroad  or  other  transportation  company  or  cor¬ 
poration  shall  grant  free  passes  or  sell  tickets  or  passes  at  a  dis¬ 
count,  other  than  as  sold  to  the  public  generally,  to  any  mem¬ 
ber  of  the  Legislature  or  to  any  officer  exercising  judicial  func- 


51 


dons  under  the  laws  of  this  State ;  and  any  such  member  or 
officer  receiving  such  a  pass  or  ticket  foir  himself,  or  procuring 
the  same  for  another,  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  fined  not  exceeding  five  hundred  dol¬ 
lars,  and  at  the  discretion  of  the  court  trying  the  case,  in  addi¬ 
tion  to  such  fine,  may  imprison  for  a  term  not  exceeding  six 
months,  and  upon  conviction,  shall  be  subject  to  impeachment 
and  removal  from  office.  The  courts  having  jurisdiction  shall 
give  this  law  specially  in  charge  to  the  Grand  Juries,  and  when 
the  evidence  is  sufficient  to  authorize  an  indictment,  the  Grand 
Jury  must  present  a  true  bill.  The:  Circuit  Court  or  any  court 
of  like  jurisdiction  in  any  county  into  or  through  which  such 
member  or  officer  is  transported  by  the  use  of  such  prohibited 
pass  or  ticket,  shall  have  jurisdiction  of  the  case,  provided  only 
one  prosecution  shall  be  had  for  the  same  offense ;  and  provided 
further,  that  the  trial  and  judgment  for  one  offense  shall 
not  bar  a  prosecution  for  another  offense  when  the 
same  pass  or  ticket  is  used ;  and  provided  further,  that  nothing 
herein  shall  prevent  a  member  of  the  Legislature  who  is  a  bona 
fide  employe  of  a  railroad  or  other  transportation  company  or 
corporation  at  the  time  of  his  election,  from  accepting  or  pro¬ 
curing  for  himself  or  another,  not  a  member  of  the  Legislature, 
or  officer  exercising  judicial  functions,  a  free  pass  over  the 
railroads  or  other  transportation  company  or  corporation  by 
which  he  is  employed. 

245.  No  railroad  company  shall  give  or  pay  any  rebate, 
or  a  bonus  in  the  nature  thereof,  directly  or  indirectly,  or  do 
any  act  to  mislead  or  deceive  the  public  as  to  the  real  rates 
charged  or  received  for  freights  or  passage ;  and  any  such  pay¬ 
ments  shall  be  illegal  and  void,  and  these  prohibitions  shall  be 
enforced  by  suitable  penalties. 

246.  No  railroad,  canal  oir  transportation  company  in  ex¬ 
istence  at  the  time  of  the  ratification  of  this  Constitution,  shall 
have  the  benefit  of  anv  future  legislation  by  general  or  special 
laws  other  than  in  execution  of  a  trust  created  by  law  or  by  coim 
tract,  except  on  the  condition  of  complete  acceptance  of  all  the 
provisions  of  this  article. 

ARTICLE  XIII. 

BANKS  AND  BANKING. 

%  . 

247.  The  Legislature  shall  not  have  the  power  to  establish 
or  incorporate  any  bank  or  banking  company  or  moneyed  in¬ 
stitution  for  the  purpose  of  issuing  bills  of  credit  or  bills  pay¬ 
able  to  order  or  bearer,  except  under  the  conditions  prescribed 
in  this  Constitution. 

248.  No  bank  shall  be  established  otherwise  than  under  a 
general  banking  law,  nor  other  than  upon  a  specie  basis ;  pro¬ 
vided,  that  any  bank  may  be  established  with  authority  to  issue 
bills  to  circulate  as  money  in  an  amount  equal  to  the  face  value 
of  bonds  of  the  United  States,  or  of  this  State,  convertible  into 


52 


specie  at  their  face  value,  which  shall,  before  such  bank  is 
authorized  to  issue  bills  for  circulation,  be  deposited  with  the 
State  Treasurer  or  other  depository  prescribed  by  law,  in  an 
amount  equal  to  the  aggregate  of  such  proposed  issue,  with 
power  in  such  treasurer  or  depository  to  dispose  of  any  or  all 
of  such  bonds  for  a  sufficient  amount  of  specie  to  redeem  the 
circulating  notes  of  such  bank  at  any  time  and  without  delay, 
should  such  bank  suspend  specie  payment  or  fail  to  redeem  its 
notes  on  demand. 

249.  All  bills  oir  notes  issued  as  money  shall  be  at  all  times 
redeemable  in  gold  or  silver,  and  no  law  shall  be  passed  sanc¬ 
tioning  directly  or  indirectly,  the  suspension  by  any  bank  or 
banking  company  of  specie  payment. 

250.  Holders  of  bank  notes,  and  depositors  who  have  not 
stipulated  for  interest,  shall,  for  such  notes  and  deposits,  be  en¬ 
titled  in  case  of  insolvency,  to  preference  of  payment  over  all 
other  creditors ;  provided,  this  section  shall  apply  to  all  banks 
whether  incorporated  or  not. 

251.  Every  bank  or  banking  company  shall  be  required  to 
cease  all  banking  operations  within  twenty  years  from  the 
time  of  its  organization,  unless  the  time  be  extended  by  law, 
and  promptly  thereafter  close  its  business ;  but  after  it  has 
closed  its  business  it  shall  have  corporate  capacity  to  sue  and 
shall  be  liable  to  suits  until  its  affairs  and  liabilities  are  fully 
closed. 

252.  No  bank  shall  receive,  directly  or  indirectly,  a  greater 
rate  of  interest  than  shall  be  allowed  by  law  to  individuals  for 
lending  money. 

253.  Neither  the  State  nor  any  political  subdivision  thereof, 
shall  be  a  stockholder  in  any  bank,  nor  shall  the  credit  of  the 
State  or  any  political  subdivision  thereof  be  given  or  lent  to 
any  banking  company,  association  or  corporation. 

254.  The  Legislature  shall  by  appropriate  laws  provide  for 
the  examination,  by  some  public  officer,  of  all  banks  and  bank¬ 
ing  institutions  and  trust  companies  engaged  in  banking  busi¬ 
ness  in  this  State ;  and  each  of  such  banks  and  banking  com¬ 
panies  or  institutions  shall,  through  its  president,  or  such  other 
officer  as  the  Legislature  may  designate,  make  a  report  under 
oath  of  its  resources  and  liabilities  at  least  twice  a  year. 

255.  The  provisions  of  this  article  shall  apply  to  all  banks 
except  National  banks,  and  to  all  trust  companies' and  individu¬ 
als  doing  a  banking  business,  whether  incorporated  or  not. 

ARTICLE  XIV. 

EDUCATION. 

256.  The  Legislature  shall  establish,  organize  and  maintain 
a  liberal  system  of  public  school  throughout  the  State  for  the 
benefit  of  the  children  thereof  between  the  ages  of  seven  and 
twenty-one  years.  The  public  school  fund  shall  be  apportioned 
to  the  several  counties  in  proportion  to  the  number  of  school 


53 


children  of  school  age  therein,  and  shall  be  so  apportioned  to 
the  schools  in  the  districts  or  township  in  the  counties  as  to  pro¬ 
vide,  as  nearly  as  practicable,  school  terms  of  equal  duration 
in  such  school  districts  or  townships.  Separate  schools  shall 
be  provided  for  white  and  colored  children,  and  no  child  of 
either  race  shall  be  permitted  to  attend  a  school  of  the  other 
race. 

257.  The  principal  of  all  funds  arising  from  the  sale  or 
other  disposition  of  lands  or  other  property,  which  has  been  or 
may  hereafter  be  granted  or  entrusted  to  this  State  or  given  by 
the  United  States  for  educational  purposes,  shall  be  preserved 
inviolate  and  undiminished ;  and  the  income  arising  .therefrom 
shall  be  faithfully  applied  to  the  specific  object  of  the  original 
grants  or  appropriations. 

258.  All  lands  or  other  property  given  by  individuals,  or 
appropriated  by  the  State  for  educational  purposes,  and  all 
estates  of  deceased  persons  who  die  without  leaving  a  will  or 
heir  shall  be  faithfully  applied  to  the  maintenance  of  the  pub¬ 
lic  schools. 

259.  All  poll  taxes  collected  in  this  State  shall  be  applied 
to  the  support  of  the  public  schools  in  the  respective  counties 
where  collected. 

260.  The  income  arising  from  the  Sixteenth  Section  trust 
fund,  the  surplus  revenue  fund,  until  it  is  called  for  by  the 
United  States  government,  and  the  funds  enumerated  in  Sec¬ 
tions  257  and  258  of  this  Constitution,  together  with  a  special 
annual  tax  of  thirty  cents  on  each  one  hundred  dollars  of  tax¬ 
able  property  in  this  State,  which  the  Legislature  shall  levy, 
shall  be  applied  to  the  support  and  maintenance  of  the  public 
schools,  and  it  shall  be  the  duty  of  the  Legislature  to  increase 
the  public  school  fund  from  time  to  time  as  the  necessity  there¬ 
for  and  the  condition  of  the  treasury  and  the  resources  of  the 
State  may  justify;  provided,  that  nothing  herein  contained 
shall  be  so  construed  as  to  authorize  the  Legislature  to  levy  in 
any  one  year  a  greater  rate  of  State  taxation  for  all  purposes 
including  schools  than  sixty-five  cents  on  each  one  hundred 
dollars  worth  of  taxable  property ;  and  provided  further,  that 
nothing  herein  contained  shall  prevent  the  Legislature  from 
first  providing  for  the  payment  of  the  bonded  indebtedness  of 
the  State  and  interest  thereon  out  of  all  the  revenues  of  the 
State. 

261.  Not  more  than  four  per  cent,  of  all  moneys  raised  or 
which  mav  hereafter  be  appropriated  for  the  support  of  public 
schools,  shall  be  used  or  expended  otherwise  than  for  the  pay¬ 
ment  of  teachers  employed  in  such  schools ;  provided,  that  the 
Legislature  may,  by  a  vote  of  two-thirds  of  each  House,  sus¬ 
pend  the  operation  of  this  section. 

262.  The  supervision  of  the  public  schools  shall  be  vested  in 
a  Superintendent  of  Education,  whose  powers,  duties  and  com¬ 
pensation, shall  be  fixed  by  law. 


54 


263.  No  money  raised  for  the  support  of  the  public  schools 
shall  be  appropriated  to  or  used  for  the  support  of  any  sectar¬ 
ian  or  denominational  school. 

264.  The  State  University  shall  be  under  the  management 
and  control  of  a  board  of  trustees,  which  shall  consist  of  two 
members  from  the  Congressional  district  in  which  the  Univer¬ 
sity  is  located,  one  from  each  of  the  other  Congressional  dis¬ 
tricts  in  the  State,  the  Superintendent  of  Education,  and  the 
Governor,  who  shall  be  ex-officio  president  of  the  board.  The 
members  of  the  Board  of  Trustees  as  now  constituted  shall  hold 
office  until  their  respective  terms  expire  under  existing  law, 
and  until  their  successors  shall  be  elected  and  confirmed  as 
hereinafter  required.  Successors  to  those  trustees  whose  terms 
expire  in  nineteen  hundred  and  two  shall  hold  office  until  nine¬ 
teen  hundred  and  seven ;  successors  to  those  trustees  whose 
terms  expire  in  nineteen  hundred  and  four  shall  hold  office 
until  nineteen  hundred  and  eleven ;  successors  to  those  trustees 
whose  terms  expire  in  nineteen  hundred  and  six  shall  hold  office 
until  nineteen  hundred  and  fifteen ;  and  thereafter  their  succes¬ 
sors  shall  hold  office  for  a  term  of  twelve  years.  When  the 
term  of  any  member  of  such  board  shall  expire,  the  remaining 
members  of  the  board  shall,  by  secret  ballot,  elect  his  successor; 
provided,  that  any  trustee  so  elected  shall  hold  office  from  the 
date  of  his  election  until  his  confirmation  or  rejection  by  the 
Senate,  and,  if  confirmed,  until  the  expiration  of  the  term  for 
which  he  was  elected,  and  until  his  successor  is  elected.  At 
every  meeting  of  the  Legislature  the  Superintendent  of  Educa¬ 
tion  shall  certify  to  the  Senate  the  names  of  all  who  have  been 
so  elected  since  the  last  session  of  the  Legislature,  and  the 
Senate  shall  confirm  or  reject  them,  as  it  shall  determine  is  for 
the  best  interest  of  the  University.  If  it  reject  the  names  of  any 
members,  it  shall  thereupon  elect  trustees  in  the  stead  of  those 
rejected.  In  case  of  a  vacancy  on  said  board  by  death  or  resig¬ 
nation  of  a  member,  or  from  any  cause  other  than  the  expira¬ 
tion  of  his  term  of  office,  the  board  shall  elect  his  successor  who 
shall  hold  office  until  the  next  session  of  the  Legislature.  No 
trustee  shall  receive  anv  pav  or  emolument  other  than  his  actual 
expenses  incurred  in  the  discharge  of  his  duties  as  such. 

263.  After  the  ratification  of  this  Constitution  there  shall 
be  paid  out  of  the  treasury  of  this  State  at  the  time  and  in  the 
manner  provided  by  law,  the  sum  of  not  less  than  thirtv-six 
thousand  dollars  per  annum  as  interest  on  the  funds  of  the 
University  of  Alabama,  heretofore  covered  into  the  treasury, 
for  the  maintenance  and  support  of  said  institution ;  provided, 
that  the  Legislature  shall  have  the  power  at  anv  time  thev 
deem  proper  for  the  best  interest  of  said  Universitv  to  abolish 
the  military  system  at  said  institution  or  reduce  the  said  svs- 
tem  to  a  department  of  instruction,  and  that  such  action  on  the 
part  of  the  Legislature  shall  not  cause  any  diminution  of  the 
amount  of  the  annual  interest  pavable  out  of  the  treasurv  for 
the  support  and  maintenance  of  said  University. 


55 


266.  The  Alabama  Polytechnic  Institute,  formerly  called  the 
Agricultural  and  Mechanical  College,  shall  be  under  the  man¬ 
agement  and  control  of  a  Board  of  Trustees,  which  shall  con¬ 
sist  of  two  members  from  the  Congressional  district  in  which 
the  institute  is  located,  and  one  from  each  of  the  other  Congres¬ 
sional  districts  in  the  State,  the  State  Superintendent  of  Edu¬ 
cation  and  the  Governor  shall  be  ex-officio  president  of  the 
board.  The  trustees  shall  be  appointed  by  the  Gov¬ 
ernor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  shall  hold  office  for  a  term  of  twelve  years,  and  until  their 
successors  shall  be  appointed  and  qualified.  The  board  shall 
be  divided  into  three  classes,  as  nearly  equal  as  may  be,  so  that 
one-third  may  be  chosen  quadriennially.  Vacancies  occurring 
in  the  office  of  trustees  from  death  or  resignation,  and  the  va¬ 
cancies  regularly  occurring  in  the  year  nineteen  hundred  and 
five  shall  be  filled  by  the  Governor,  and  such  appointee  shall 
hold  office  until  the  next  meeting  of  the  Legislature.  Success¬ 
ors  to  those  trustees  whose  terms  expire  in  nineteen  hundred 
and  three- shall  hold  office  until  nineteen  hundred  and  eleven; 
successors  to  those  whose  terms  expire  in  nineteen  hundred  and 
five  shall  hold  office  until  nineteen  hundred  and  fifteen ;  and 
successors  to  those  whose  terms  expire  in  nineteen  hundred  and 
seven  shall  hold  office  until  nineteen  hundred  and  nineteen. 
No  trustee  shall  receive  any  pay  or  emolument  other  than  his 
actual  expenses  incurred  in  the  discharge  of  his  duties  as  such. 

267.  The  Legislature  shall  not  have  power  to  change  the 
location  of  the  State  University,  or  the  Alabama  Polytechnic 
Institute,  oir  the  Alabama  school  for  the  Deaf  and  Blind,  or  the 
Alabama  Girls’  Industrial  school,  as  now  established  by  law, 
except  upon  a  vote  of  two-thirds  of  the  Legislature  taken  by 
yeas  and  nays  and  entered  upon  the  Journals. 

268.  The  Legislature  shall  provide  for  taking  a  school  cen¬ 
sus  by  townships  and  districts  throughout  the  State  not  often- 
er  than  once  in  two  vears,  and  shall  provide  for  the  punishment 
of  all  persons  or  officers  making  false  or  fraudulent  enumera¬ 
tions  and  returns ;  provided,  the  State  Superintendent  of  Edu¬ 
cation  may  order  and  supervise  the  taking  of  a  new  census  in 
any  township,  district  oir  county,  whenever  he  may  have  reas¬ 
onable  cause  to  believe  that  false  or  fraudulent  returns  have 
been  made. 

269.  The  several  counties  in  this  State  shall  have  power  to 
levy  and  collect  a  special  tax  not  exceeding  ten  cents  on  each 
one  hundred  dollars  of  taxable  propertv  in  such  counties,  for 
the  support  of  public  schools ;  provided,  that  the  rate  of  such 
tax,  the  time  it  is  to  continue,  and  the  purpose  thereof,  shall 
have  been  first  submitted  to  a  vote  of  the  qualified  electors  of 
the  county,  and  voted  for  by  three-fifths  of  those  voting  at  such 
election ;  but  the  rate  of  such  special  tax  shall  not  increase  the 
rate  of  taxation,  State  and  county  combined,  in  anv  one  vear, 
to  more  than  one  dollar  and  twenty-five  cents  on  each  one  hun- 


56 


clred  dollars  of  taxable  property ;  excluding,  however,  all  spe¬ 
cial  county  taxes  for  public  buildings,  roads,  bridges,  and  the 
payment  of  debts  existing  at  the  ratification  of  the  Constitution 
of  eighteen  hundred  and  seventy-five.  The  funds  arising  from 
such  special  school  tax  shall  be  so  apportioned  and  paid  through 
the  proper  school  officials  to  the  several  schools  in  the  town¬ 
ships  and  districts  in  the  county  that  the  school  terms  of  the 
respective  schools  shall  be  extended  by  such  supplement  as 
nearly  the  same  length  of  time  as  practicable ;  provided,  that 
this  section  shall  not  apply  to  the  cities  of  Decatur,  New  De¬ 
catur  and  Cullman. 

270.  The  provisions  of  this  article  and  of  any  act  of  the 
Legislature  passed  in  pursuance  thereof  to  establish,  organize 
and  maintain  a  system  of  public  schools  throughout  the  State, 
shall  apply  to  Mobile  county  only  so  far  as  to  authorize  and  re¬ 
quire  the  authorities  designated  by  law  to  draw  the  portions  of 
the  funds  to  which  said  county  shall  be  entitled  for  school  pur¬ 
poses  and  to  make  reports  to  the  Superintendent  of  Education 
as  may  be  prescribed  by  law ;  and  all  special  incomes  and  pow¬ 
ers  of  taxation  as  now  authorized  by  law  for  the  benefit  of  public 
schools  in  said  county  shall  remain  undisturbed  until  otherwise 
provided  by  the  Legislature;  provided,  that  separate  schools 
for  each  race  shall  always  be  maintained  by  said  school  author¬ 
ities. 


ARTICLE  XV. 
militia. 

271.  The  Legislature  shall  have  power  to  declare  who  shall 
constitute  the  militia  of  the  State,  and  to  provide  for  organizing, 
arming  and  disciplining  the  same ;  and  the  Legislature  may  pro¬ 
vide  for  the  organization  of  a  State  and  Naval  Militia. 

272.  The  Legislature,  in  providing  for  the  organization, 
equipment  and  discipline  of  the  militia,  shall  conform  as  nearly 
as  practicable  to  the  regulations  for  the  government  of  the 
armies  of  the  United  States. 

273.  Each  company  and  regiment  shall  elect  its  own  com¬ 
pany  and  regimental  officers ;  but  if  any  company  or  regiment 
shall  neglect  to  elect  such  officers  within  the  time  prescribed  by 
law,  they  may  be  appointed  by  the  Governor. 

274.  Volunteer  organizations  of  infantry,  cavalry,  and  artil- 
lerv  and  naval  militia  may  be  formed  in  such  manner  and  under 
such  restrictions  and  with  such  privileges  as  may  be  provided 
by  law. 

27c;.  The  militia  and  volunteer  forces  shall,  in  all  cases,  ex- 
cept  treason,  felonv  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  musters,  parades  and  elections 
and  in  going  to  and  returning  from  the  same. 


57 


276.  The  Governor  shall,  with  the  advice  and  consent  of  the 
Senate,  appoint  all  general  officers,  whose  terms  of  office  shall 
be  four  years.  The  Governor,  the  generals  and  regimental  and 
batallion  commanders  shall  appoint  their  own  staffs,  as  may  be 
provided  by  law. 

277.  The  Legislature  shall  provide  for  the  safe  keeping  of 
the  arms,  ammunition  and  accoutrements,  and  military  records, 
banners  and  relics  of  the  State. 

278.  The  officers  and  men  of  the  militia  and  volunteer 
forces  shall  not  be  entitled  to  or  receive  any  pay,  rations  or 
emoluments  when  not  in  active  service. 

ARTICLE  XVI. 

OATH  OF  OFFICE. 

279.  All  members  of  the  Legislature,  and  all  officers,  execu¬ 
tive  and  judicial,  before  they  enter  upon  the  execution  of  the 
duties  of  their  respective  offices,  shall  take  the  following  oath 
or  affirmation. 

“I . ,  solemnly  swear  (or  affirm,  as  the  case  may 

be),  that  I  will  support  the  Constitution  of  the  United  States, 
and  the  Constitution  of  the  State  of  Alabama,  so  long  as  I  con¬ 
tinue  a  citizen  thereof ;  and  that  I  will  faithfully  and  honestly 
discharge  the  duties  of  the  office  upon  which  I  am  about  to 
enter,  .to  the  best  of  my  ability.  So  help  me  God.” 

The  oath  may  be  administered  by  the  presiding  officer  of 
either  House  of  the  Legislature,  or  by  any  officer  authorized 
by  law  to  administer  an  oath. 

ARTICLE  XVII. 

MISCELLANEOUS  PROVISIONS. 

280.  No  person  holding  an  office  of  profit  under  the  United 
States,  except  postmasters,  whose  annual  salaries  do  not  exceed 
two  hundred  dollars,  shall  during  his  continuance  in  such  office 
hold  anv  office  of  profit  under  this  State ;  nor,  unless  otherwise 
provided  ini  this  Constitution,  shall  any  person  hold  two  offices 
of  profit  at  one  and  the  same  time  under  this  State,  except  Jus¬ 
tices  of  the  eace,  Constables,  Notaries  Public,  and  Commission¬ 
ers  of  Deeds. 

281.  The  salary,  fees  or  compensation  of  any  officer  holding 
anv  civil  office  of  profit  under  this  State  or  any  county  or  munic- 
ipalitv  thereof,  shall  not  be  increased  or  diminished  during  the 
term  for  which  he  shall  have  been  elected  or  appointed. 


58 


282.  It  is  made  the  duty  oif  the  Legislature  to  enact  all  laws 
necessary  to  give  effect  to  the  provisions  of  this  Constitution. 

283.  The  act  of  the  General  Assembly  of  Alabama  entitled 
“An  Act  to  consolidate  and  adjust  the  bonded  debt  of  the  State 
of  Alabama,”  approved  February  18th,  1895,  and  an  act  amen¬ 
datory  thereof  entitled  “An  Act  to  amend  Section  6  of  an  act 
to  consolidate  and  adjust  the  bonded  debt  of  the  State  of  Ala¬ 
bama,  approved  February  i8th,  1895,”  which  said  last  named 
act  was  approved  February  16th,  1899,  are  hereby  made  valid, 
and  both  of  said  acts  shall  have  the  full  force  and  effect  of  law, 
except  insofar  as  they  authorize  the  redemption  before  maturity 
of  the  bonds  authorized  by  said  acts  to  be  issued.  The  Gover¬ 
nor  is  authorized  and  empowered  to  act  under  the  same  and  to 
carry  out  all  the  provisions  thereof ;  provided,  that  the  bonds 
authorized  to  be  issued  by  said  acts  and  issued  thereunder  may 
be  made  payable  at  any  time,  not  exceeding  fifty  years  from 
the  date  thereof,  and  shall  not  be  redeemable  until  their  ma¬ 
turity. 


ARTICLE  XVIII. 

MODE  OE  AMENDING  THE  CONSTITUTION. 

284.  Amendments  may  be  proposed  to  this  Constitution  by 
the  Legislature  in  the  manner  following :  The  proposed  amend¬ 
ments  shall  be  read  in  the  House  in  which  they  originate  on 
three  several  days,  and  if  upon  the  third  reading  three-fifths  of 
all  the  members  elected  to  that  House  shall  vote  in  favor  there¬ 
of,  the  proposed  amendments  shall  be  sent  to  the  other  House, 
in  which  they  shall  likewise  be  read  on  three  several  days,  and 
if  upon  the  third  reading  three-fifths  of  all  the  members  elected 
to  that  House  shall  vote  in  favor  of  the  proposed  amendments, 
the  Legislature  shall  order  an  election  by  the  qualified  electors 
of  the  State  upon  such  proposed  amendments,  to  be  held  either 
at  the  general  election  next  succeeding  the  session  of  the  Leg¬ 
islature  at  which  the  amendments  are  proposed  or  upon  an¬ 
other  day  appointed  by  the  Legislature  not  less  than  three 
months  after  the  finial  adjournment  of  the  session  of  the  Leg¬ 
islature  at  which  the  amendments  were  proposed.  Notice  of 
such  election,  together  with  the  proposed  amendments,  shall 
be  given  by  proclamation  of  the  Governor,  which  shall  be  pub¬ 
lished  in  every  county  in  such  manner  as  the  Legislature  shall 
direct,  for  at  least  eight  successive  weeks  next  preceding  the 
dav  appointed  for  such  election.  On  the  dav  so  appointed  an 
election  shall  be  held  for  the  vote  of  the  qualified  electors  of 
the  State  upon  the  proposed  amendments.  If  such  election  be 
held  on  the  dav  of  the  general  election,  the  officers  of  such 


59 


general  election  shall  open  a  poll  for  the  vote  of  the  qualified 
electors  upon  the  proposed  amendments ;  if  it  be  held  on  a  day 
other  than  that  of  a  general  election,  officers  for  such  election 
shall  be  appointed ;  and  the  election  shall  be  held  in  all  things 
in  accordance  with  the  law  governing  general  elections.  In  all 
elections  upon  such  proposed  amendments,  the  votes  cast  there¬ 
at  shall  be  canvassed,  tabulated,  and  returns  thereof  be 
made  to  the  Secretary  of  State,  and  counted,  in  the  same  man¬ 
ner  as  in  elections  for  Representatives  to  the  Legislature ;  and 
if  it  shall  thereupon  appear  that  a  majority  of  the  qualified 
electors  who  voted  at  such  election  upon  the  proposed  amend¬ 
ments  voted  in  favor  of  the  same,  such  amendments  shall  be 
valid  to  all  intents  and  purposes  as  parts  of  this  Constitution. 
The  result  of  such  election  shall  be  made  known  by  proclama¬ 
tion  of  the  Governor.  Representation  in  the  Legislature  shall 
be  based  upon  population,  and  such  basis  of  representation  shall 
not  be  changed  by  constitutional  amendment. 

285.  Upon  the  ballots  used  at  all  elections  provided  for  in 
Section  284  of  this  Constitution  the  substance  or  subject  mat¬ 
ter  of  each  proposed  amendment  shall  be  so  printed  that  the 
nature  thereof  shall  be  clearly  indicated.  Following  each  pro¬ 
posed  amendment  on  the  ballot  shall  be  printed  the  word  “Yes” 
and  imemdiately  under  that  shall  be  printed  the  word  “No.” 
The  choice  of  the  elector  shall  be  indicated  by  a  cross  mark 
made  by  him  or  under  his  direction,  opposite  the  word  express¬ 
ing  his  desire,  and  no  amendment  shall  be  adopted  unless  it  re¬ 
ceives  the  affirmative  vote  of  a  majority  of  all  the  qualified 
electors  who  vote  at  such  election. 

286.  No  convention  shall  hereafter  be  held  for  the  purpose 
of  altering  or  amending  the  Constitution  of  this  State,  unless 
after  the  Legislature  bv  a  vote  of  a  majority  of  all  the  mem¬ 
bers  elected  to  each  House  has  passed  an  act  or  resolution 
calling  a  Convention  for  such  purpose,  the  question  of  Con¬ 
vention  oir  No  Convention  shall  be  first  submitted  to  a  vote  of 
all  the  qualified  electors  of  the  State,  and  approved  by  a  ma¬ 
jority  of  those  voting  at  such  election.  No  act  or  resolution  of 
the  Legislature  calling  a  convention  for  the  purpose  of  alter¬ 
ing  or  amending  the  Constitution  of  this  State,  shall  be  re¬ 
pealed  except  upon  the  vote  of  a  majority  of  all  the  members 
elected  to  each  House  at  the  same  session  at  which  such  act  or 
resolution  was  passed  ;  provided,  nothing  herein  contained 
shall  be  construed  as  restricting  the  jurisdiction  and  power  of 
the  convention,  when  dulv  assembled  in  pursuance  of  this  sec¬ 
tion,  to  establish  such  ordinances  and  to  do  and  perform  such 
things  as  to  the  convention  mav  seem  necessarv  or  proper  for 
the  purpose  of  altering,  revising  or  amending  the  existing  Con¬ 
stitution. 


60 


287.  All  votes  of  the  Legislature  upon  proposed  amend¬ 
ments  to  this  Constitution,  and  upon  bills  or  resolutions  calling 
a  Convention  for  the  purpose  of  altering  or  amending  the  Con¬ 
stitution  of  this  State,  shall  be  taken  by  yeas  and  nays  and  en¬ 
tered  on  the  Journals.  No  act  or  resolution  of  the  Legislature 
passed  in  accordance  with  the  provisions  of  this  article,  pro¬ 
posing  amendments  to  this  Constitution,  or  calling  a  convention 
for  the  purpose  of  altering  or  amending  the  Constitution  of 
this  State,  shall  be  submitted  for  the  approval  of  the  Governor, 
but  shall  be  valid  without  his  approval. 

schedule:. 

In  order  that  no  injury  or  inconvenience  may  arise  from  the 
alterations  and  amendments  made  by  this  Constitution  to  the 
existing  Constitution  of  this  State,  and  to  carry  this  Constitu¬ 
tion  into  effect,  it  is  hereby  ordained  and  declared : 

1.  — That  all  laws  in  force  at  the  ratification  of  this  Consti¬ 
tution  and  not  inconsistent  therewith,  shall  remain  in  full  force 
until  altered  or  repealed  by  the  Legislature ;  and  all  rights,  act¬ 
ions,  prosecutions,  claims  and  contracts  of  the  State,  counties, 
municipal  corporations,  individuals  or  bodies  corporate,  not  in¬ 
consistent  with  this  Constitution,  shall  continue  to  be  valid  as 
if  this  Consttution  had  not  been  ratified. 

2.  — That  all  bonds  executed  by  or  to  any  officer  of  this  State, 
all  recognizances,  obligations  and  all  other  instruments  execut¬ 
ed  to  this  State,  or  to  any  subdivision  or  municipality  thereof, 
before  the  ratification  of  this  Constitution,  and  all  fines,  taxes, 
penalties  and  forfeitures  due  and  owing  to  the  State,  or  any 
subdivision  or  municipality  thereof ;  and  all  writs,  suits,  prose¬ 
cutions,  claims  and  causes  of  action,  except  as  herein  other¬ 
wise  provided,  shall  continue  and  remain  unaffected  by  the 
ratification  of  this  Constitution.  All  indictments  which  have 
been  found,  or  which  may  hereafter  be  found,  for  any  crime  or 
offense  committed  before  the  ratification  of  this  Constitution, 
shall  be  proceeded  upon  in  the  same  manner  as  if  this  Consti¬ 
tution  had  not  been  ratified. 

3.  — That  all  the  executive  and  judicial  officers,  and  all  other 
officers  in  this  State,  who  were  elected  at  the  elections  held  in 
this  State  on  the  first  Mondav  in  August,  in  the  years  eighteen 
hundred  and  ninety-eight  and  nineteen  hundred,  or  who  have 
been  appointed  since  that  time,  and  all  members  of  the  present 
General  Assembly,  and  all  who  mav  be  hereafter  elected  mem¬ 
bers  of  the  present  General  Assembly,  and  all  other  officers 
holding  office  at  the  time  of  the  ratification  of  this  Constitution, 
shall,  except  as  otherwise  provided  in  this  Constitution,  con¬ 
tinue  in  office  and  exercise  the  duties  thereof  until  their  respect- 


61 


ive  terms  shall  expire,  as  provided  by  the  Constitution  of 
eighteen  hundred  and  seventy-five,  or  the  laws  of  this  State. 

4.  — This  Constitution  shall  be  submitted  to  the  qualified 
electors  of  this  State  for  ratification  or  rejection,  as  authorized 
and  required  by  an  act  of  the  General  Assembly  of  this  State, 
entitled  “An  Act  to  provide  for  holding  a  convention  to  revise 
and  amend  the  Constitution  of  this  State/’  approved  the 
eleventh  day  Off  December,  nineteen  hundred ;  and  no  elector 
shall  be  deprived  of  his  right  to  vote  at  the  election  to  be  held 
for  such  purpose  by  reason  of  his  not  being  registered. 

5.  — That  instead  of  the  publication  as  required  by  the  act  to 
provide  for  holding  a  convention  to  revise  and  amend  the  Con¬ 
stitution,  approved  the  eleventh  day  of  December,  nineteen 
hundred,  the  Governor  of  this  State  is  hereby  authorized  to 
take  such  steps  as  will  give  general  publicity  and  circulation  to 
this  Constitution  in  a  manner  as  economical  as  practicable. 

6.  — The  salaries  of  the  Executive  and  Judicial  and  all  other 
officers  of  this  State,  who  may  be  holding  office  at  the  time  otf 
the  ratification  of  this  Constitution,  and  the  pay  of  the 
present  members  of  the  General  Assembly,  shall  not  be  affected 
by  the  provisions  of  this  Constitution. 

Done  by  the  people  of  Alabama,  through  their  delegates  in 
convention  assembled  in  the  hall  of  the  House  of  Representa¬ 
tives,  at  Montgomery,  Alabama,  this,  the  third  day  of  Septem¬ 
ber,  Anno  Domini,  nineteen  hundred  and  one. 

John  B.  Knox,  President. 

Attest:  Frank  N.  Julian,  Secretary. 

David  C.  Almon, 

W.  A.  Altman, 

John  T.  Ashcraft, 

W.  H.  Banks, 

J  H.  Barefield, 

W.  H.  Bartlett, 

J.  Robert  Beavers, 

C.  P.  Beddow, 

D.  S.  Bethune, 

Samuel  Blackwell, 

Burwell  Boykin  Boone, 

Leslie  E.  Brooks, 

Cecil  Browne, 

Thomas  L.  Bulger, 

John  D.  Burnett, 

John  F.  Burns  (1875-1901), 

John  A.  Byars, 

H.  W.  Cardon, 


A.  H.  Carmichael, 

M.  S.  Carmichael, 

G.  H.  Carnathan, 

Davy  Crockett  Case, 

Reuben  Chapman, 

James  Edward  Cobb, 

W.  T.  L.  Cofer, 

Thomas  W.  Coleman, 

E.  W.  Coleman, 

Thomas  J.  Cornwell, 

B  H.  Craig, 

K.  M.  Cunningham, 

John  A.  Davis, 

Hubert  T.  Davis, 

S.  H.  Dent, 

Ed.  deGraffenried, 

Joseph  B.  Duke, 

B.  T.  Eley, 

John  C.  Eyster, 

T.  M.  Espy, 
diaries  W.  Ferguson, 

William  C.  Fitts, 

A.  S.  Fletcher, 

J.  M.  Foster, 

N.  H.  Freeman, 

J.  A.  Gilmore, 

William  Franklin  Glover, 
Edward  A.  Graham, 

Joseph  B.  Graham, 

L.  W.  Grants 
John  W.  Grayson, 

Leonard  F.  Greer,  Sr., 
Charles  H.  Greer, 

C.  L.  Haley, 

William  A.  Handley, 

Geo.  P.  Harrison  (1875-li>01) , 
J.  Thomas  Heflin, 

John  T.  Heflin, 

Jere  C.  Henderson, 

Evans  Hinson, 

Patrick  W.  Hodges, 

Oliver  R.  Hood, 

Wilson  P.  Howell, 

Augustin  Clayton  Howze, 

W.  B.  Inge, 

E.  C.  Jackson, 

Samuel  C.  Jenkins, 

John  C.  Jones, 

J.  McLean  Jones, 

Thomas  G.  Jones, 

Richard  C.  Jones, 

James  T.  Kirk, 

W.  W.  Kirkland, 

William  N.  Knight, 

R.  B.  Kyle, 

Emmett  W.  Ledbetter, 
Norville  R.  Leigh,  Jr., 
Lawrence  W.  Locklin, 
Tennent  Lomax, 

J.  Lee  Long, 


63 


T.  L.  Long, 

Robert  J.  Lowe, 

William  T.  Lowe, 

Gordon  Macdonald, 

B.  F.  McMillan, 

Lee  McMillan, 

George  H.  Malone, 

J.  T.  Martin, 

J.  C.  Maxwell, 

Allen  H.  Merrill, 

Charles  H.  Miller, 

Joseph  N.  Miller, 

Milo  Moody, 

W.  O.  Mulkey, 

Joel  D.  Murphree  (1875-1901), 

C.  C.  NeSmith, 

J.  D.  Norman, 

Joseph  Norwood, 

Wm.  C.  Oates  (1875-1901), 
Emmett  O’Neal, 

John  W.  O’Neil, 

Henry  Opp, 

Rufus  O’Rear, 

Dabney  Palmer, 

George  H.  Parker, 

John  H.  Parker,  Sr., 

James  P.  Pearce, 

Erie  Pettus, 

E.  A.  Phillips, 

Harrv  Pillans, 

P.  H.  Pitts, 

John  H.  Porter, 

John  Franklin  Proctor, 

Henry  Fontaine  Reese  (Dallas), 
N.  P.  Renfro, 

R.  J.  Reynolds, 

J.  J.  Robinson, 

C.  P.  Rogers,  Sr., 

John  Aduston  Rogers  of  Sumter 
County,  Ala. 

Wm.  Hodges  Samford, 

W.  T.  Sanders, 

John  William  Augustine  Sanford, 
George  A.  Searcy, 

Henry  C.  Selheimer, 

James  0.  Sentell, 

J.  B.  Sloan,  Jr., 

Gregory  L.  Smith, 

Mac.  A.  Smith, 

Morgan  M.  Smith, 

M.  Sollie, 

George  A.  Sorrell, 

Napoleon  B.  Spears, 

Robert  E.  Spragins, 

J.  H.  Stewart, 

W.  H.  Tayloe, 

J.  F.  Thompson, 

Watkins  M.  Vaughan, 

Boswell  deGraffenried  Waddell, 
Richard  W.  Walker, 


.  64 


Thomas  H.  Watts, 

John  B.  Weakley, 

James  Weatherly, 

Frank  S.  White, 

W.  W.  Whiteside, 

Jere  N.  Williams, 

Gesner  Williams  (Marengo), 
Arthur  E.  Williams, 

Massey  Wilson, 

Edward  P.  Wilson, 

James  J.  Winn, 

E.  R.  Morrisette, 

E.  D.  Willett. 


/ 


V 


t 


...  t 


j 


4 


